Welcome to the website of Eyesoft Consulting Corporation (ECC). This website is best viewed
using a contemporary browser.
Use of this website, and information distributed in conjunction with this
website, including without limitation the ECC E-Mail Update Service, is
offered to you on your acceptance of these Terms of Use, our Privacy Policy and
other notices posted on this website. Your use of this website or of any content
presented in any and all areas of the website indicates your acknowledgment and
agreement to these Terms of Use (TOU), our Privacy Policy and other notices posted on
this website. If you do not agree to be bound by and comply with all of the
foregoing, you may not access or use any information, services, or otherwise on
our website. We may want to regularly check these TOU as they may be changed
without any notice.
ECC shall have the right, at its sole discretion, to modify, add or remove
any terms or conditions of these Terms of Use without notice or liability to
you. Any changes to these Terms of Use shall be effectively immediately
following the posting of such changes on this website. The most recent version
of these Terms of Use may always be found at http://www.eyesoft.co.za/terms_of_use.asp.
You agree to review these Terms of Use from time to time and agree that any
subsequent use by you of this website following changes to these Terms of Use
shall constitute your acceptance of all such changes. These Terms of Use were
last modified on June 30, 2007.
This website is for informational purposes only and is not intended to
address any specific commercial need unless the information is used in
conjuction with our consulting service. It is provided to you solely for your
interest with the intention to attract you to engage with us further for advise.
The information on this web site may not be used for purposes of resale, distribution, public display or performance, or
any other uses by you in any form or manner whatsoever. Unless otherwise
indicated on this website, any information on this website may not be reproduced
on any other website.
ECC has used its best commercial efforts to obtain the most accurate
that may be referrenced on this website all of which may be complex and subject to
change. Accordingly, we do
not guarantee the accuracy of any information that we source from external
sources although we do everything possible to deal with only reputable sources.
The performance of this website and all information contained on, downloaded
or accessed from this website are provided to you on an "as is" basis,
without warranties of any kind whatsoever, including any implied warranties or
warranties of merchantability, fitness for a particular purpose or
non-infringement of the rights of third parties. ECC shall be not responsible
for any problems or technical malfunction of any telephone network or lines,
computer on-line systems, servers, Internet access providers, computer
equipment, software, or any combination thereof including any injury or damage
to your or any other person's computer as a result of using this website.
ECC reserves the right, at its sole discretion, to modify, disable access
to or discontinue, temporarily or permanently, any part or all of this website
or any information contained thereon without liability or notice to you.
As a visitor to our website, you acknowledge and agree that any reliance on
or use by you of any information available on this website shall be entirely at
your own risk. In no event shall ECC nor any of its data providers be liable
for any direct, indirect, consequential or exemplary damages arising from the
use or the performance of this website, even if ECC or such provider has been
advised of the possibility of such damages.
The information contained in any electronic mail communication you receive from an employee or representative of Eyesoft Consulting Corporation (hereinafter referred to as "ECC") or Sinqoba Investment Corporation (Pty) Ltd, including any attachments thereto and all subsequent communications and attachments (hereinafter referred to as "the e-mail"), are subject to ECC’s e-mail disclaimer ("disclaimer") as set out herein.
The information contained in the email is private, privileged and confidential in nature and may contain proprietary information.
The e-mail is meant solely for the intended recipient, accordingly access to the email by anyone else is unauthorized.
If you are not the intended recipient of the e-mail (or such recipient's authorised representative), then -
kindly notify the sender of the e-mail of this fact immediately by return e-mail, facsimile or telephone and delete the e-mail from your system;
you are prohibited from printing, storing, copying, forwarding or otherwise disclosing any information contained in the e-mail or any part thereof; and
you shall refrain from selling, displaying or offering for sale or utilising in any manner whatsoever, the information or any part thereof contained in the e-mail; and
you may not incorporate the information or any part thereof into any database or mailing list for whatsoever reason, including for purposes of sending unsolicited commercial messages (hereinafter referred to as “spam”), marketing, industry comparisons and/or journalism.
Your failure to strictly comply with the provisions of paragraph 4 (i – iv) above may amount to the unlawful interception of communication, the unlawful infringement of intellectual property rights and the unlawful infringement of the right to privacy: to do so may be both a criminal offence and a civil wrong and ECC reserves all its rights and remedies to institute the appropriate claim against you, including the right to claim damages from you should your actions/omissions have caused ECC harm.
At present, the integrity of e-mail across the Internet cannot be guaranteed and messages sent via this medium are potentially at risk. For this reason it will be inappropriate to rely on advice contained in the e-mail without obtaining written confirmation, in the form of a facsimile and/or letter, of such advice.
Although ECC takes reasonable precautions to ensure that the e-mails sent are free of viruses, this cannot be guaranteed and ECC, its holding, subsidiary and associated companies cannot be held liable for any damages you may suffer as a result of the transmission of a virus or malicious software code with the e-mail. You are accordingly advised to ensure that the e-mail is screened by up-to-date virus checking software.
Furthermore, ECC, its holding, subsidiary and associated companies expressly excludes, to the extent permitted by law, all liability for any loss, damage or expense of whatever nature (including without limitation which may cause the corruption or loss of data, damage to software programmes and interruption of business operations) resulting directly or indirectly from the use of messages sent via the Internet to transmit information by or to ECC.
ECC, its holding, subsidiary and associated companies are not liable for the improper, inaccurate or incomplete transmission of the information contained in the e-mail, or for any delay in its receipt.
Any advice or information contained in this e-mail is also subject to any governing agreement between ECC and the recipient.
Only duly authorised staff acting within the scope of their authority are able to bind ECC contractually. Unless expressly indicated as such, nothing in the e-mail constitutes an offer, warranty or representation from ECC.
The views and opinions expressed in the e-mail do not necessarily reflect the views and opinions of ECC, its holding, subsidiary and associated companies. In particular, no ECC representative or employee may send -
spam;
messages that infringe any third party's intellectual property rights or other rights and interests; and
messages containing content that is offensive, derogatory, racist, defamatory or otherwise unlawful.
If the e-mail contains contents as listed in paragraph 12 (i - iii) above, or was otherwise sent for purposes unrelated to the official business of ECC, it means the e-mail has been sent outside the sender’s scope of employment with ECC and only the sender can be held liable in his/her personal capacity; accordingly ECC, its holding, subsidiary and associated companies shall not be held liable for any loss, damage or expense of whatever nature resulting therefrom.
ECC , its holding, subsidiary and associated companies reserves the right to read, monitor, access, block, delete, copy or otherwise intercept any e-mail sent in reply to the e-mail or e-mail otherwise addressed to its employees or representatives or take any other action in accordance with ECC’s email use policy.
E-mails sent to ECC will only be regarded as having been received by it once ECC expressly acknowledged receipt thereof. ECC will be deemed to have sent an e-mail once reflected as sent on ECC's e-mail servers.
Confidentiality and Transmissions over the InternetQuick Index
The transmission of data or information (including communications by e-mail)
over the Internet or other publicly accessible networks is not secure, and is
subject to possible loss, interception or alteration while in transit.
Accordingly, we do not assume any liability for any damage you may experience or
costs you may incur as a result of any transmissions over the Internet or other
publicly accessible networks, such as transmissions involving the exchange of
e-mail with us (including those which may contain your personal information).
While we shall take commercially reasonable efforts to safeguard the privacy of
the information you provide us and treat such information in accordance with our
Privacy Policy, in no event will the information you provide to us be deemed to
be confidential, create any fiduciary obligations to you on our part, or result
in any liability to you on our part in the event that such information is
inadvertently released by us or accessed by third parties without our consent.
You agree to follow all applicable laws and regulations when using this
website. Furthermore, you agree that you shall not:
upload, post or otherwise transmit through or to this website any content
that:
is unlawful, abusive, threatening, harmful, obscene, lewd, offensive,
defamatory or otherwise objectionable;
might infringe the intellectual property rights, privacy rights,
rights of publicity, or other proprietary rights of others;
contains any viruses, trojan horses, time bombs, or any other harmful
programs or elements;
disrupt, place unreasonable burdens or excessive loads on, interfere with
or attempt to gain unauthorized access to any portion of our website, its
computer systems, servers or networks;
provide false information about yourself to us, impersonate any other
person, or otherwise attempt to mislead others about your identity or the
origin of any content, message or other communication;
transmit junk mail, chain letters, or other unsolicited bulk e-mail or
duplicative messages;
collect information about other visitors to our website without their
consent or otherwise systematically extract data or data fields, including
without limitation any financial data or e-mail addresses;
sell access to or the use of this website, including any content contained
on, downloaded or accessed from this website, except as specifically
permitted in writing by ECC;
redistribute any content provided by us in any
manner whatsoever including by means of printed publication, fax broadcast,
web pages, e-mail, web newsgroups or forums, or any other electronic or
paper-based service or method;
The foregoing prohibitions expressly include, but are not limited to, the
practice of "screen scraping", or any other practice or activity the
purpose of which is to obtain lists of data, portions of a database, or other
lists or information from the web site, in any manner or in any quantities not
authorized in writing by ECC.
By uploading, posting or otherwise transmitting through or to our website any
content, you grant to us, our successors and assigns, a non-exclusive,
world-wide, royalty free, perpetual, non-revocable license to use or distribute
such content in any manner otherwise than as stated in our Privacy Policy.
You agree to indemnify, defend and hold us and our affiliates, business
partners, officers, directors, employees and agents harmless from any loss,
liability, claim, demand, damage, or expense (including reasonable legal fees)
asserted by any third party relating in any way to your use of this website or
breach of these Terms of Use. We reserve the right to assume the exclusive
defence and control of any matter subject to indemnification by you, which shall
not excuse your indemnity obligations.
Third Party Websites, Content and Products and ServicesQuick Index
You acknowledge and agree that your business dealings with any third parties,
including any merchants or advertisers, found on, or accessed through our
website and any of their services, including payment for and delivery of any
related goods and services, are solely as between you and such third parties.
You understand and acknowledge that some of services accessible on our website
are provided by third parties (including, but not limited to, discount foreign
exchange services and online foreign exchange trading services) and that in
certain instances, we may receive referral fees and/or other compensation from
third parties on a per use or other basis based on your purchase or use of third
party goods or services found on or accessed through our website. You
acknowledge that in such dealings with third parties, we are not the seller or
provider and your agreement of purchase or for services with such third party is
solely between you and the third party, and not ECC. ECC assumes no
responsibility whatsoever for any charges, losses or liabilities you or any user
of your account incurs when making purchases or completing transactions with
such third parties. As a user of our website, you acknowledge and agree that we
shall not be responsible or liable in any way for any loss or damage of any kind
which you or any other user of your account may incur as a result of, or in
connection with, any dealings or transactions with such third parties.
By accessing third party services through our website, you hereby authorize
such third party service provides to provide ECC with personal information
regarding your use of and your activities with respect to the purchase and use
of third party services and/or goods.
Links or pointers to other websites and references to products and services
offered by third parties are provided to you for convenience only and do not
constitute an endorsement or approval by us of
(i) the organizations that
operate such websites;
(ii) the content, privacy policies or other terms of use
on such websites; or
(iii) such third party products and services. As we have no
control or responsibility over websites or content maintained by other
organizations, or for products and services offered by third parties, we do not
assume any liability for your use of any of the foregoing, which use you
acknowledge and agree shall be at your own risk.
ECC logo, product marks and other identifying marks of ECC are and shall remain the
trade-marks and trade names and exclusive property of ECC, and any
unauthorized use of these marks is unlawful. Other trade-marks on this website
are the property of their respective owners. All content on this website,
including without limitation all programs, complied binaries, interface layout,
interface text, documentation and graphics, is the copyrighted property of
ECC and is protected by international copyright law. The content on this
website may be used by you only for information purposes as
provided for in these Terms of Use. Any rights not expressly
granted to you are reserved by us.
Our policy is to comply with all intellectual property laws and to act
expeditiously upon receiving any notice of claimed infringement. If you believe
that your work has been reproduced on this website in a manner that constitutes
copyright infringement, please provide a notice of copyright infringement
containing all of the following information:
A physical or electronic signature of a person authorized to act on behalf
of the copyright owner for the purposes of the complaint.
Identification of the copyrighted work claimed to have been infringed.
Identification of the material on our website that is claimed to be
infringing or to be the subject of infringing activity.
The address, telephone number or e-mail address of the complaining party.
A statement that the complaining party has a good-faith belief that use of
the material in the manner complained of is not authorized by the copyright
owner, its agent or the law.
A statement, under penalty of perjury, that the information in the notice
of copyright infringement is accurate, and that the complaining party is
authorized to act on behalf of the owner of the right that is allegedly
infringed.
All notices of copyright infringement should be sent to:
Eyesoft Consulting Corporation
P. O. Box 3387
Johannesburg 2000
South Africa
Fax: +0027 86 688 3525
E-mail: copyright@eyesoft.co.za
IMPORTANT: We at ECC are committed to establishing our services in
as many languages as possible. However, our company's official standard of
communication, like many companies in South Africa, is English and our
staff while they may be familiar with other 10 official languages and may
respond to emails or inquiries in these languages are required to conduct all
official business communications in English. We apologize for any inconviniences
this may cause.
If any provision of these Terms of Use is held invalid or unenforceable in
any respect by any court having competent jurisdiction, such provision shall be
enforced to the maximum extent permitted by law, and the remaining provisions of
these Terms of Use shall continue in full force and effect. No waiver of any
provision of these Terms of Use shall be deemed a further or continuing waiver
of such provision or any other provision of these Terms of Use.
You agree that these Terms of Use, our Privacy Policy and other notices
posted on this website have been drawn up in English. Although translations in
other languages of any of the foregoing documents may be available, such
translations may not be up to date or complete. Accordingly, you agree that in
the event of any conflict between the English language version of the forgoing
documents and any other translations thereto, the English language version of
such documents shall prevail.
These Terms of Use shall be governed by and construed in accordance with the
laws of South Africa.
Products or services pricing information provided on this site is quoted in South African currency. Valid pricing in other currencies may be provided only on request
The parties consent to the exclusive jurisdiction of the courts of South Africa.
If you have any questions or concerns about these Terms of
Use, please feel free to contact us at tou@eyesoft.co.za.
For other contact information click here
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