TERMS AND CONDITIONS COREXEC
COVID 19

You agree that it is your personal decision to travel and that you are doing so with the knowledge of current travel recommendations and travel restrictions about the risk of COVID-19. You have taken full personal responsibility to inform yourself in relation thereto. Corexec does not assume any responsibility for and shall not be liable for any unsafe conditions or health hazards, including pandemics or other illnesses to which you may be exposed. Corexec will, however, use its reasonable endeavours to provide you with the latest travel information available in respect of the regulations, conditions, and supplier terms applicable in relation to COVID-19, as at the time of your booking.
This information is obtained from third party sources and is subject to change at any time without notice. Corexec, its employees and agents, shall, accordingly, not be liable for any loss (financial or otherwise), damage, illness, harm, trauma, death, delay, denial of onward travel or costs (including but not limited to quarantine costs), which you may incur or suffer, whether during or post travel, arising directly or indirectly out of the risks and/or dangers associated with traveling during the COVID-19 pandemic or any other time, whether or not you had been informed by Corexec of such risks and/or dangers at the time of booking.

Corexec is not responsible for the acts or omissions of travel suppliers, including the failure by the travel suppliers to adhere to their own schedules, provide services or refunds or their failure to honour any future trip credit.

Please note that most insurance policies have a specific clause stating that they do not cover epidemics and pandemics, especially when travel warnings are in place. It would be advisable for you to take advice from an insurance broker should you have any queries regarding the appropriateness of a travel insurance policy.
Corexec shall not be liable for your election not to purchase insurance, nor shall Corexec be liable to you for any denial of any claim by a travel insurer as it relates to COVID-19 or any other claim under the relevant policy.

“You are aware of the risks and dangers associated with travel during and after the Covid-19 pandemic and you expressly assume all of the risks and dangers in relation thereto; and hereby forever release, discharge and hold Corexec, its employees, officers, directors, associated, affiliated companies and sub-contractors harmless against an and all liability, actions, causes of action, suits, damages, claims and demands of whatsoever nature which you may now have or which may hereafter arise out of or in connection with such risks and dangers”.

Application
All enquiries, advice, quotations, or estimates made or provided by or bookings made with and/or all services rendered by or on behalf of Corexec (Pty) Ltd (the Tour Operator) are subject to these terms and conditions (the Conditions’).

The Client and Authority
The person requesting such quotations or estimates or making such booking or to whom any service is rendered, is deemed to have read, had explained (where applicable), understood and accepted the Conditions and to have the authority to do so on behalf of the person in whose name the estimate or quotation or reservation is requested and/or provided and/or the person to whom the services are rendered (collectively referred to as the Client’).

Third Party Service Providers
Corexec provides Clients with travel and/or other services either acting as itself or acting as agents for principals engaged in or associated with the travel industry, such as airlines (‘collectively referred to as the principal’). Corexec represents the Principal as agents only and accordingly accepts no liability for any loss, damage, injury, illness, harm or death which any Client may suffer as a result of any act or omission on the part of or the failure of the Principal to fulfill their obligations, whether in relation to travel arrangements, accommodation or otherwise unless, in the case of injury or death, it is due to the negligent act or omission of the Company.

The contract in use by the principal (which is often constituted by the ticket issued by the principal), shall constitute the sole contract between the Principal and the Client and any right of recourse the Client may have, will be solely against the principal. Corexec will provide the identity and terms and conditions (or access thereto) of all the principals relevant to the service being provided for the Client’s booking. It’s the Client’s responsibility to familiarize themselves with such terms and conditions (the Principal’s Conditions’).

Air Tickets
These tickets are linked to contracts (‘Air T&C’) which are very complex and can entail very strict requirements regarding change, airport and departure taxes and cancellation provisions and you MUST enquire about ALL the applicable conditions BEFORE you pay for the ticket. You should also take note that if your flight/itinerary consists of more than one flight/coupon/ticket, you are not allowed to use such tickets/coupons out of sequence or to ‘skip’ one (and e.g., opt for train, bus, or car transport) as this will VOID the entire balance of the journey/itinerary. ‘No-shows’ may result in the ticket being voided and/or the Client being charged a cancellation fee. Note that the Air T&C shall constitute the sole contract between the airline and the Client and any right of recourse the Client may have, will be solely against the airline in terms of the Air T&C. Your rights of recourse because of over-booking are prescribed by the CPA. Loyalty programs are governed by strict rules of which the Client must be aware and retention of boarding passes and other documentation pertaining to such programs is the sole responsibility of the Client. Consult Corexec about refunds for unused tickets as strict deadlines apply.

Booking, Deposit and Reservation
Once the Client has confirmed the requested travel quotation submitted by Corexec, or responded to an advertisement verbally or in writing or via e-mail or the Internet or has, without reference to any of the aforesaid, asked for more details (collectively referred to as the Enquiry’), about a particular destination, trip, tour or mode of travel (collectively referred to as the Proposed Travel Arrangements’) Corexec will prepare and provide the Client with an estimate quotation (by e-mail) (the Estimate’). Upon the Client’s written confirmation that the facts and information contained in the Estimate is correct and upon acceptance of these Conditions by the Client, Corexec will prepare a final quotation for the Proposed Travel Arrangements (the Quotation’). A non-refundable deposit of 25% (the Deposit’) of the total estimated value of the Proposed Travel Arrangements (the Price’) as specified in the Quotation is required to confirm reservations with Principals (the Booking’), subject to payment of the balance of the Price in due course as specified herein*.

Corexec will not confirm any reservation if the deposit and a confirmed or signed Quotation are not received. Once the Booking has been completed, the Client will be supplied with the document that will contain the final detail of the Booking.

* In the case of air tickets, full payment is required as per the applicable fare rule. If full payment is not received by the applicable date the airline will automatically cancel the reservations.
Destination Selection

The Client acknowledges that it has selected the itinerary and destination(s) constituting the Booking based on information gleaned from package brochures and/or presented by Corexec. It also acknowledges that such brochures and/or quotations have been compiled and are managed and updated by the principal over which Corexec has no control. Accordingly, Corexec cannot and does not guarantee that the itinerary and/or any destinations will comply in whole or in part with such brochure and/or quotation. Any right of recourse in that regard will be against the principal.
Payment and Payment Terms

The balance of the Price is due on or before the date specified in the Quotation. If the final payment is not received on time, the travel documents can be delayed and may necessitate the use of a courier service, which will be for the Client’s account, or Corexec may cancel the Booking. Late payment may also result in cancellation of the reservation by the principal. The Client undertakes to pay Corexec interest charged by the company’s bank on any payment made after the due date.

Prices
Price/rates are quoted at the ruling daily exchange rate. Until Corexec has received payment in full, it reserves the right to charge any fluctuations to the Client’s account and the Client undertakes to pay for any such fluctuation on demand. The onus will be on the Client to check that there have been no changes in the Price/rates prior to making full and final payment. However, once payment of the Price/rate in full is received, the Price/rate is guaranteed (subject to statutory increases such as VAT). However, airfares are subject to the price and conditions quoted by the airlines and cannot be guaranteed by Corexec (PLEASE NOTE: This applies especially regarding airport taxes for the entire journey).

Should the Client be a group booking and the group number deviate from the number required for the Booking, the Principal may reserve the right to re-cost the Price and raise a surcharge. Should any Client refuse to accept and pay such surcharge, it may result in the principal cancelling the Booking and retain any payment made (Corexec will be entitled to retain any service fees charged).

Please note that in some case Principals may nevertheless have a clause requiring passengers to pay an additional amount in the event of fuel surcharges or fuel price increases even though full payment has been affected.
NOTE: Foreign credit cards, Amex credit cards and Diners credit cards and any other credit card will not be accepted. EFT payments to the Corexec Business Account, are required for all confirmed bookings.
Refunds
No refunds will be considered in any circumstances whatsoever by Corexec. Refunds by the Principals will be subject to their terms and conditions. Corexec is entitled to charge an administration fee for handling of refunds.
Force Majeure
Corexec shall have the right to cancel any contract should its fulfilment be rendered impossible, impeded, or frustrated by strike, lock-out, civil commotion, war, act of God, force majeure, lack of materials, operation of law or regulations or order made by any statutory or other duly constituted authorities or any other cause beyond the control of Corexec. Force Majeure includes renovations that may be carried out at your resort – whilst Corexec will use its best endeavors to provide current information in that regard and whilst the resort will use it best endeavors to keep any inconvenience to a minimum, the fact that restoration or renovations are being carried out does not constitute grounds for any claim against Corexec.

Corexec will use it best endeavors to recover from third parties such monies as may have been paid to them on behalf of the Client. All monies so recovered by Corexec will be reimbursed to the Client less a fee of the Price as an administration charge. Professional fees charged or commission earned by Corexec, are non-refundable.

Passports, Visas and Health
It is entirely the Client’s duty to ensure that all passports and visas are current, valid, obtained on time, and will be valid for six months after return to home country and that any vaccinations, inoculations, prophylactic (e.g., for malaria) and the like, where required, have been obtained. Please check the requirements with Corexec before travelling.
Corexec will endeavor to assist the Client, but such assistance will be at Corexec’ s discretion and the Client acknowledges that in doing so, Corexec is not assuming any obligation or liability and the Client indemnifies Corexec against any consequences of non-compliance. It is the Client’s duty to familiarize him/herself with the inherent dangers of and mental and/or physical condition required for the Proposed Travel Arrangements.

Please note that All visitors to South Africa and all clients who are travelling from RSA to another country are required to have a minimum of three blank pages in their passport excluding the front and back cover to enable the entry visa to be issued – However in each case a further enquiry should be addressed to the consulate or embassy of the relevant countries being visited. If there is insufficient space in the passport entry will be denied and the person is likely to be detained pending return to their country of origin. Please ensure that all passports are renewed. The client must ensure that the details supplied to Corexec mirror those details shown on their passport for international travel and ID documents for local travel. As a guideline, passports should be valid for 6 months after your scheduled return to South Africa.

Non-South African passport holders may also be required to have re-entry documentation and it is entirely the client’s duty to ensure that such documentation is in order before departure.
Malaria and Other Tropical Diseases: WARNING
Certain parts covered by an itinerary are areas where there is a high-risk of malaria and other tropical diseases. We strongly recommend that the necessary precautions be taken in this regard and recommend that you check with your medical practitioner before departure, or a medical practitioner well versed in tropical diseases immediately upon your arrival in Africa or any other tropical or sub-tropical destination. If you have not done so prior to departure, it is imperative you do so upon your return.

Late Booking and Amendment Fees
A late booking fee per booking may be charged in respect of bookings received within 4 working days prior to the departure date and for 2 working days or less a fee will be charged per booking. This charge is levied to cover communication expenses involved. An amendment fee may be levied for any changes to the confirmed itinerary.

Breakaways
While it is possible to break away from the itinerary, it is understood that such breakaways will be for the Client’s account.

Law and Jurisdiction
South African law and the jurisdiction of South African courts will govern the relationship between the Client and Corexec. Corexec shall be entitled to institute any legal proceedings arising out of or in connection with this contract in any Magistrates Court having jurisdiction in terms of Section 28 of the Magistrates Court Act no. 32/1944 as amended, notwithstanding that the amount in issue may exceed the limits of such jurisdiction.
Conduct The Client agrees that he/she will always comply with requirements and instructions regarding his/her conduct, and he/she will not in any way constitute a hindrance to any other passenger or person on the tour, mode of conveyance, at any place of accommodation, entertainment or where meals and/or drinks are served. The Client indemnifies and holds Corexec harmless against damages suffered and/or costs incurred by Corexec and/or any third party because of a breach of this clause

Special Requests
Clients who have special requests must specify such requests to Corexec in the Enquiry.

Amendments
No amendment, cancellation or waiver of any term or right referred to herein shall be valid or binding unless reduced to writing and signed by both the Client and a duly authorized representative of Corexec.

Foreign Exchange Regulation Compliance
This is the Client’s exclusive duty. This will apply especially when the Client instructs the Corexec to make and pay for travel arrangements on the Internet.
Please note that should you have been quoted in foreign currency, your quotation will be converted to South African Rand prior to the transaction being processed due to foreign exchange regulations by the South African Reserve Bank. The rate of exchange on the day that the transaction is processed will be used to determine the equivalent Rand amount with any resulting foreign exchange differences or bank charges being for the client’s account. The South African Reserve Bank prohibits South African companies from taking foreign credit card payments and keeping the payment in foreign currency. The payment must be converted to South African Rand before it is credited to the recipient.

Confidentiality
Subject to statutory constraints or compliance with an order of court, Corexec undertakes to deal with all Client information of a personal nature on a strictly confidential basis.
Confirmation of Travel Arrangements
All onward travel arrangements (local and international and on return to RSA, domestic connecting flights) must be reconfirmed by the Client 72 hours prior to departure.

Taxes and Surcharges
Where possible airport and airline taxes and surcharges are reflected in all prices. It should be noted that certain airlines invoke additional taxes and/or surcharges if any changes are made to the tickets and/or routing even if the ticket has been fully paid. Furthermore, it is important that you check with Corexec prior to departure from South Africa what the current airport departure tax is of all the countries you will be passing though as these taxes are usually payable in the local currency and must be provided for.
• Cancellation
In the event of the Client cancelling the Booking, Corexec shall have the right to either claim the Deposit or to retain the Deposit and claim damages suffered by Corexec. The maximum cancellation fee, which may be imposed in the event of a client cancelling, is as follows (Clients should also refer to the cancellation

provisions contained in the Principal’s Conditions or website. Principals may charge cancellation fees over and above those stated below):
Deposit of 25% non-refundable
• 6 weeks prior to departure of travel or conference date: 35% of the Travel package or” Conference Invoiced amount”
• 4 weeks prior to departure of travel or conference date: 50% of the Travel package or “Conference Invoiced amount”
• 3 weeks or less: 100% of the Travel Package or “Conference Invoiced amount”

Unscheduled Extensions
In the unlikely event of there being unscheduled extension to the final itinerary caused by flight re-scheduling, flight delays, bad weather, strikes or any other cause which is beyond the control of Corexec, its agents or the principal, it is understood that expenses relating to these unscheduled extensions (hotel accommodation, etc.) will be for the Client’s account.

Itinerary Variations and Transfers
While every effort is made to keep to the final itinerary, Principals and/or Corexec reserve the right to make changes for the Client’s convenience e.g., in some cases, weather conditions can necessitate an alteration in the itinerary, and this does not constitute any reason for a refund. It is the Client’s duty to check each amendment to the itinerary and to sign or acknowledge the final one.

Dispute - Resolution

All dispute arising out of or in connection with the Conditions including any question regarding its existence, validity, or termination, shall be dealt with as follows:

1. Firstly, the parties will meet within 5 (five) working days of the dispute arising to resolve the matter amicably. Failing such amicable resolution of the dispute within 5 (five) days of their meeting, they will attempt to resolve the matter by mediation – the mediator will be an independent third party mutually agreed upon and, failing such mutual agreement, a party appointed as a mediator by the Arbitration Foundation of South Africa (‘AFSA’), which mediator must be appointed within 5 (five) days of their failing to resolve the matter amicably and the mediation itself must take place with a further 5 (five) days from the date the mediator is appointed Failing such amicable resolution of the dispute by the intervention of a mediator, the dispute must be referred to arbitration in Johannesburg within two (two) days of the failure to resolve the dispute by the intervention of a mediator, which referral must be delivered in writing to and be conducted in terms of the rules of AFSA for the time being in force which rules are deemed to be incorporated by reference into this clause. The tribunal shall consist of one (1) arbitrator to be appointed pursuant to the AFSA Rules. The arbitrator’s decision shall be final and binding upon the parties and shall provide the sole and exclusive remedies of the parties. All judgment upon the award so rendered may be entered in any court having jurisdiction or application may be made to such court for a judicial acceptance of the award or orders of enforcement. The commencement of any arbitration proceedings under this Clause shall in no way affect the continual performance of the obligations relates to the subject matter of such proceedings. All arbitration proceedings shall be in the English Language.

DOMICILIUM ET EXECUTANDI
The parties elect their respective domicilium et executandi as reflected in the Booking.
Entire Contract
The Conditions constitute the entire terms of the relationship between the parties. There exist no other terms, conditions, warranties, representations, guarantees, promises, undertaking or inducements of any nature whatsoever (whether verbal, written or electronic) regulating the relationship and the Client acknowledges that he/she has not relied on any matter or thing stated on behalf of Corexec or otherwise that is not included herein.

Company Profile

Corexec (Pty) Limited is owner-managed by Maria Jacobs Manning, resident in Hyde Park, Sandton, South Africa, with an office in Hyde Park Sandton and a meeting office at Inanda Club, Inanda, Sandton, RSA. A team of foremost travel experts assist in managing the company’s
core business and is structured and focused on:

• Local and International In-bound Business Travel
• Custom-designed Leisure holidays and packages for Executives and their families
• Corex Private Travel Club, offered to a select few
• Charter flights for Business
• Charter leisure packages to game lodges in S A
• Incentive travel in and around South Africa and neighboring countries
      - Exciting and affordable Charter flights to Mauritius for Incentive groups for 3night or 5-night experiences
• International incoming Conferences
• Local Corporate conference Management packages

Testimonials

We would like to spend another unforgettable holiday like you arranged always for us .
We plan to stay for 10 days to 14 days .
You are the expert and you take always care of us , so we are very happy if you would also do it this time and many more in the future

Marco Tudts, DDS, MScD​
Specialist in aesthetic dentistry KU Leuven
Master’s degree in Implantology & Periodontology
​New York Montefiore Medical Centre
Department Periodontology & Oral Implantology Ghent University

 

Hi Maria,

Just back in Australia safe and sound.

Dearly wanted to write to you to express my gratitude for your excellent organisation of everything and for attending to our special requests and questions.

Everything and I mean everything was awesome; from your directions, the staff at Fedair, the whole Tau experience ( staff, guides, management, office staff, cleaners, restaurant staff) blew our minds and exceeded any expectations. It was so so so better than our experience at Buffalo Ridge lodge a few years ago. There was soy milk everywhere, including the game drives, special lactose free deserts, lactose free sauces and meals. Nothing was too much of a problem. Even arriving at 3pm, way after lunch and just before a game drive was not a problem. Lunch was served and game drive was done. Cotton pillows, free upgrade to luxury lodge……..oh wow.

Maria, we do travel to SA quite often to see family and try to add on extras. So, if you don’t mind, I would like to keep your contact details on file and utilize your services

Kindest regards,

Barry & Kim Abrahams – Australia

Hello Maria,

Thanks again for the wonderful trip you organized to South Africa and to the Vic Falls.

All of my participants are still impressed and told me that everything was perfect for the money spent and that the trip was one of their dream holidays. Later I was asked about the trip by some friends and they were also impressed, so I gave them your contact details, because some of them want to go to South Africa in the future as well.

In March 2014 I will come to S A for a conference with my parents. After this we (together with my brother) want to travel around South Africa. When I have further information I will contact you.

So thanks again for your help and with warm regards.

Dr C Hoch – Germany

“Thank you for your hard work and arrangements you made for our South African Safari”

Mr H Pogorelsky Australia

“Thank you for your exquisite travel arrangements for our visit to South Africa”

Prof T Albrekson and Prof A Albrekson, Sweden

“Thank you for your outstanding safari arrangements for my family and I as well as for my parents”

Dr C Hoch, Germany

“Thank you for your prompt service and follow through on booking our safari”

Mr D Luiz, UK

“Thanks for your proposal, it sounds really exciting and fits great to our idea.”

Silke Nagel, Germany

In terms of Section 11(3) of the Electronic Communications and Transactions (ECT) Act 25 of 2002 and the Common Law of Contract, these terms and conditions are valid, binding, and enforceable against all persons that access this Website, Web pages, or any part thereof.

DEFINITIONS AND INTERPRETATION

1. a) By using this Website, you accept the terms and conditions provided in this document.
2. b) “Website” means the website located at https://www.corexec.co.za and any subdomains operated by Corexec, including any page, part or element thereof and furthermore all domain names linked to such website.
3. c) “Corexec” means Corexec (Pty) Ltd, a private company registered in terms of the laws of South Africa Registration Number 2011/141294/07
4. d) “User” means any person who enters or uses the Corexec website.
5. e) References herein to the singular include the plural and vice versa; and
6. f) Notwithstanding the fact that hyperlinks in these terms and conditions to copyright notices and legislation should be deemed part of these terms and conditions in terms of section 11(3) of the ECT Act, the fact that some or all the hyperlinks may be nonoperational, shall not play a role in determination of the validity and interpretation of these terms and conditions.
7. DISCLOSURES REQUIRED BY SECTION 43 OF THE ECT ACT AND TERMS OF SERVICE

These terms and conditions govern the sale of goods and / or the provision of services from or through this Website. Access to the services, content, software and downloads available from this Website may be classified as “electronic transactions” as defined in terms of the ECT Act and therefore Users have the rights detailed in Chapter 7 of the ECT Act and Corexec has, amongst others, the duty to disclose the following information:

Full name and registration number of website owner:

Corexec (Pty) Ltd, registration number 2011/141294/07

Street address:

16 Hume Street, Dunkeld West, Hyde Park, South Africa

Postal address: PO Box 784313, Sandton, 2146 South Africa

Telephone number: +27 (0)82 880 4635

Official e-mail address: mj@corexec.co.za

VAT registration number: not registered for VAT

Directors:  M A Jacobs

Domicillium citandi et executandi:

38 Grosvenor Rd, Bryanston, Sandton

This Website offers, facilitates, or enables the following services:

• Corexec Information on Home and About us menu bar
• Contact Information
• Corexec Conference arrangements
• Incentives trip planning
• Charter flights and Airline bookings  
• Signature travel packages
• Travel advice.
• Safari planning; and
• Travel enquiries.

Alternative dispute resolution

Subject to urgent and/or interim relief, all disputes regarding:

• access to this Website
• the inability to access this Website
• the services and content available from this Website; or

• 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 Cape Town 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 Client.

2. ALLOWED USE AND LICENSE

2.1 Corexec licenses the User to view, download and print the content of this Website, provided that such content is used for private, personal, educational, and/or noncommercial purposes only.

2.2 Content from this Website shall not be used for any commercial and non -private purposes without the prior written consent of Corexec.

2.3 Users may only access, browse and use this Website for legitimate personal or commercial purposes and may not use this Website or any Corexec services and/or products for:

2.3.1 Harmful purposes,

2.3.2 Illegal purposes.

2.3.3 Disclosing, sharing, or publishing material that may be offensive, defamatory, regulated, prohibited, infringing, or damaging to any person: and/or

2.3.4 The creation, storage and sending of unsolicited commercial communications.

2.4 The caching of this Website shall only be allowed if:

2.4.1 The purpose of the caching is to make the onward transmission of the content from this Website 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 every 12 (twelve) hours; and

2.4.4 The cached content is removed or updated when so required by Corexec.

2.5 If any User uses content from this Website in breach of the provisions detailed herein:

2.5.1 Corexec reserves the right to claim damages from the User,

2.5.2 Corexec reserves the right to institute criminal proceedings against the User; and

2.5.3 Corexec 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.

2.6 Corexec shall not be liable, in any manner whatsoever, for any damage, loss or liability that resulted from the use of content from this Website, if such content was accessed through a hyperlink not directed at the home page of this Website. Persons that wish to link to content beyond the home page of this Website shall do so at their own risk and indemnify Corexec against any loss, liability or damage that may result from the use of content from this Website, if such content was accessed through a hyperlink not directed at the home page of this Website. Corexec’s non-liability for deep linking considers that deep links bypass these terms and conditions.  

2.7 Users may quote small and reasonable amounts of content available from this Website only if such quote is placed in inverted commas and acknowledged.

 2.8 No person may frame this Website, in any manner whatsoever, without the prior written consent of Corexec.

2.9 Apart from bona-fide search engine operators and use of the search facility provided on this Website by Users, no person may use or attempt to use any technology or applications to search, collect or copy content from this Website for any purposes, without the prior written consent of Corexec;

2.10 E-mail addresses, names, and telephone numbers published on this Website may not be incorporated into any database used for electronic marketing or similar purposes. No permission is given or should be implied that information on this Website may be used to communicate unsolicited communications to Corexec and all rights detailed in Section 45 of the ECT Act are reserved; and

2.11 All licenses and/or permissions granted in terms of this clause 1 are provided on a non - exclusive and non- transferable basis and may be terminated or cancelled by Corexec at any time without prior notice or giving reasons, therefore.

3. INTELLECTUAL PROPERTY RIGHTS

3.1 All intellectual property on this Website, including but not limited to content, trademarks, domain names, patents, design elements, software, source code, meta tags, databases, text, graphics, icons and hyperlinks are the property of or licensed to Corexec and as such, are protected from infringement by domestic and international legislation and treaties. Subject to the rights licensed to the User in clause 3, all other rights to intellectual property on this Website are expressly reserved; and

 3.2 No person may use logos, icons, or trademarks from this Website as hyperlinks or other purposes without Corexec’s prior written consent.

4. SOFTWARE AND EQUIPMENT It is the responsibility of the User to acquire and maintain, at his/her own expense, the necessary computer hardware, software, communication lines and Internet access accounts required to access the Internet and this Website and/or download content from this Website.

5. CHANGES AND AMENDMENTS

Corexec reserves the right, in its sole and absolute discretion, to do any of the following, at any time without prior notice or justification:

• change these terms and conditions.
• change the content and/or services available from this Website.
• discontinue any aspect of this Website or service(s) available from this Website; and/or
• change the software and hardware required to access and use this Website.

6. PRIVACY

6.1. Corexec 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).

 6.2. Corexec may electronically collect, store and use the following personal information of Users:

6.2.1. name and surname.

 6.2.2. contact numbers.

 6.2.3 e-mail address; IP address.

6.2.5. and/or User selected username and password.

6.3. Corexec collects, stores, and uses the abovementioned information for the following purposes:

 6.3.1. To communicate requested information to the User,

6.3.2. To provide the User with access to restricted pages on this Website; and

6.3.3. To compile non-personal statistical information about browsing habits, click patterns and access to this Website.

 6.4.  Corexec may collect, maintain and store any information collected from users, however, this information will never be shared or sold; it could, however, be disclosed to a third party if mandated to do so by a legal order from a South African court;

and 6.5. Corexec owns and retains all rights to non-personal statistical information collected and compiled by this Website.

7. HYPERLINKS TO THIRD PARTY SITES

7.1. Corexec may provide hyperlinks to websites not controlled by Corexec (target sites) and such links do not imply any endorsement, agreement with or support for the content of such target sites; and

7.2. Corexec 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.

8. SECURITY

8.1. Corexec shall take all reasonable steps to secure the content of this Website and the information provided by and collected from Users from unauthorized access and/or disclosure. However, Corexec does not make any warranties or representations that content shall be 100% safe and secure.

8.2. Corexec is under no legal duty to encrypt any content or communications from and to this Website and is also under no legal duty to provide digital authentication of any page on this Website.

8.3. Users may not deliver or attempt to deliver, whether on purpose or negligently, any damaging code, such as computer viruses, to this Website or the server and computer network that support this Website.

8.4. Notwithstanding criminal prosecution, any person who delivers any damaging code to this Website, whether on purpose or negligently, shall, without any limitation, indemnify and hold Corexec harmless against all liability, damages and losses that Corexec and its partners / affiliates may suffer as a result of such damaging code;

8.5. Users may not develop, distribute, or use any device to breach or overcome the security measures of the Product and Corexec reserves the right to claim damages from any persons concerned with a security failure or breach; and

8.6. 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 Corexec and its partners / affiliates.

9. DISCLAIMER AND LIMITATION OF LIABILITY

9.1. Subject to the provisions of sections 43(5) and 43(6) of the ECT Act, if applicable, and as far as allowed by law, Corexec (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:

 9.1.1. access to this Website.

9.1.2. access to websites linked to this Website.

9.1.3. inability to access this Website,

9.1.4. inability to access websites linked to this Website.

 9.1.5. content available on this Website.

9.1.6. services available from this Website.

9.1.7. downloads and use of content from this Website.

9.1.8. and/or any other reason not directly related to Corexec’s gross negligence.

9.2. This Website is supplied on an “as is” basis and has not been compiled to meet the User’s individual requirements. It is the responsibility of the User to satisfy him or herself, prior to entering into this agreement with Corexec, that the content available from and through this Website meets the User’s individual requirements and is compatible with the User’s computer hardware and/or software;

9.3. Information, ideas and opinions expressed on this Website should not be regarded as professional advice or the official opinion of Corexec and Users are encouraged to consult professional advice before taking any course of action related to the information, ideas or opinions expressed on this Website;

9.4. Corexec does not make any warranties or representation that content and services available from this Website will in all cases be true, correct, or free from any errors. Corexec shall take all reasonable steps to ensure the quality and accuracy of content available from this Website; and

9.5. Corexec does not make any warranties or representations that this Website shall always be available. Users acknowledge that this Website may be unavailable due to updates or other causes beyond the reasonable control of Corexec, including, but not limited to virus infection, unauthorized access (hacking), power failure or other “acts of God.”

10. REMOVAL AND CORRECTION OF CONTENT Users are encouraged to report untrue, inaccurate, defamatory, illegal, infringing, and/or harmful content available from this Website to the website administrator and the website administrator 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.

11. INTERCEPTION OF COMMUNICATIONS

11.1. Subject to the provisions of the Regulation of Interception of Communications (RIC) Act 70 of 2002, the User agrees to Corexec’s right to intercept, block, filter, read, delete, disclose and use all communications sent or posted by the User to this Website, its staff and employees; and

11.2. 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.

12. ENTIRE AGREEMENT AND SEVERABILITY

12.1. These terms and conditions constitute the entire agreement between Corexec and the User and shall take precedent over any disclaimers and/or legal notices attached to any communications and/or postings received by Corexec from the User.

12.2. Any failure by Corexec to exercise or enforce any right or provision shall in no way constitute a waiver of such right or provision; and

12.3. If 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.

13. AGREEMENT IN TERMS OF SECTION 21 OF THE ECT ACT the User and Corexec agree that:

13.1. the User shall be bound to these terms and conditions and such agreement is concluded in Inanda, Sandton, (South Africa) at the time the User enters this Website for the first time.

13.2. data messages (as defined in the ECT Act) addressed by the User to Corexec shall only be deemed to have been received if and when responded to;

13.3. data messages (as defined in the ECT Act) addressed to the User by Corexec shall be deemed to be received by the User as detailed in section 23(b) of the ECT Act.

13.4. data messages (as defined in the ECT Act) addressed by the User to Corexec shall be deemed to have been created and sent by the User from within the geographical boundaries of South Africa.

13.5. electronic signatures, encryption and/or authentication is not required for valid electronic communications between the User and Corexec; and

13.6. the User agrees and warrants that data messages that are sent to Corexec from a computer, IP address or mobile device normally used by or owned by the User, was sent, and/or authorized by the User personally.

14. APPLICABLE AND GOVERNING LAW Subject to the arbitration referred to above, this Website 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 this Website, its content, services and these terms and conditions.

15. LEGAL COSTS

Corexec shall not be liable for costs incurred by Users to obtain professional advice relating to these terms and conditions.