By accessing or using any part of the INFINITEX DATA INNOVATIONS website (referred to as the ” INFINITEX DATA INNOVATIONS Website”), you agree to be bound by these terms and conditions in accordance with Section 11(3) of the Electronic Communications and Transactions (ECT) Act 25 of 2002. If you do not agree with these terms, you must leave the INFINITEX DATA INNOVATIONS Website immediately. Your continued use signifies your automatic acceptance of these terms and conditions.
Definitions and Interpretation
a) ” INFINITEX DATA INNOVATIONS” refers to INFINITEX DATA INNOVATIONS (Pty) Ltd, a company registered under the Companies Act 61 of 1973.
b) ” INFINITEX DATA INNOVATIONS Website” encompasses the website located at www. INFINITEX DATA INNOVATIONS.com , including all its components and any linked websites for which INFINITEX DATA INNOVATIONS is the registered domain owner.
c) “User” means anyone who accesses or uses the INFINITEX DATA INNOVATIONS Website, even if they only visit the homepage.
d) Singular terms include the plural and vice versa.
e) While hyperlinks to copyright notices and legislation within these terms are considered part of them under Section 11 of the ECT Act, the inoperability of any or all such links will not affect the validity or interpretation of these terms.
General Information
INFINITEX DATA INNOVATIONS is an ICT company that leverages extensive experience to meet the demands of the evolving South African economy, creating a revitalized and strategically positioned business.
Permitted Use and License
2.1 INFINITEX DATA INNOVATIONS grants Users a license to view, download, and print content from the INFINITEX DATA INNOVATIONS Website for personal, educational, non-commercial purposes, or for commercial purposes directly related to INFINITEX DATA INNOVATIONS’s business objectives.
2.2 Users are prohibited from utilizing content from the INFINITEX DATA INNOVATIONS Website for any commercial or non-private purposes without INFINITEX DATA INNOVATIONS’s prior written consent.
2.3 The INFINITEX DATA INNOVATIONS Website may only be accessed and used for lawful purposes.
2.4 Caching of the INFINITEX DATA INNOVATIONS Website is permitted only under the following conditions:
2.4.1 The caching aims to enhance the efficiency of subsequent content transmission from the INFINITEX DATA INNOVATIONS Website.
2.4.2 The cached content remains unmodified in any way.
2.4.3 The cached content is updated at least every 12 hours.
2.4.4 The cached content is removed or updated upon INFINITEX DATA INNOVATIONS’s request.
2.5 In the event of any unauthorized use of content from the INFINITEX DATA INNOVATIONS Website by a User:
2.5.1 INFINITEX DATA INNOVATIONS reserves the right to claim damages from the User.
2.5.2 INFINITEX DATA INNOVATIONS reserves the right to initiate criminal proceedings against the User.
2.5.3 INFINITEX DATA INNOVATIONS will not be liable for any damage, loss, or liability arising from the User’s or any third party’s use of such content obtained from the User.
2.6 Any links to the INFINITEX DATA INNOVATIONS Website from external sources must direct to the homepage. INFINITEX DATA INNOVATIONS accepts no responsibility for any damage, loss, or liability resulting from the use of INFINITEX DATA INNOVATIONS Website content accessed through hyperlinks that do not point to the homepage. Individuals wishing to link to pages beyond the homepage do so at their own risk and agree to indemnify INFINITEX DATA INNOVATIONS against any loss, liability, or damage arising from such links.
2.7 Framing of the INFINITEX DATA INNOVATIONS Website in any manner is prohibited without INFINITEX DATA INNOVATIONS’s prior written consent.
2.8 Except for legitimate search engine operators and the use of the INFINITEX DATA INNOVATIONS Website’s search functionality by Users, no one may employ any technology or applications (including web crawlers or spiders) to search or copy content from the INFINITEX DATA INNOVATIONS Website for any purpose without INFINITEX DATA INNOVATIONS’s prior written consent.
2.9 All licenses and permissions granted under this clause 2 are non-exclusive, non-transferable, and may be terminated or revoked by INFINITEX DATA INNOVATIONS at any time without providing reasons.
Intellectual Property Rights and Domain Name Usage
All intellectual property on the INFINITEX DATA INNOVATIONS Website, including but not limited to content, trademarks, domain names, patents, design elements, software, databases, text, graphics, icons, and hyperlinks, is owned by or licensed to INFINITEX DATA INNOVATIONS and is protected by domestic and international laws and treaties against infringement. Except for the rights explicitly granted to the User in clause 2, all other intellectual property rights on the INFINITEX DATA INNOVATIONS Website are expressly reserved.
User’s Responsibility for Software and Equipment
The User is solely responsible for acquiring and maintaining, at their own cost, the necessary computer hardware, software, internet access, and accounts required to access the Internet and the INFINITEX DATA INNOVATIONS Website and/or download content from it.
Disclosures as Required by Section 43 of the ECT Act
Access to the services, content, software, and content downloads available on the INFINITEX DATA INNOVATIONS Website constitutes “electronic transactions” under the ECT Act. Therefore, Users have the rights outlined in Chapter 7 of the ECT Act, and INFINITEX DATA INNOVATIONS is obligated to disclose the following information:
5.1 Website Owner: INFINITEX DATA INNOVATIONS (Pty) Ltd
5.2 Company Registration Number: 1998/021835/07
5.3 VAT Registration Number: 4880187028
5.9 Main Business: INFINITEX DATA INNOVATIONS, a proudly empowered South African ICT. Its intellectual capacity, business model, strong client base, and extensive geographic reach are unparalleled in the local market, providing clients with sophisticated and diverse service delivery options in infrastructure, solutions, system integration, and networking.
5.10 Website Address: www. INFINITEX DATA INNOVATIONS.com
5.11 Official Email Address: info@ INFINITEX DATA INNOVATIONS.com
5.13 Codes of Conduct:
5.13.1 Click here to view the Internet Service Provider’s Association Code of Conduct.
5.14 Promotion of Access to Information Act Manual: Click here to access and view the INFINITEX DATA INNOVATIONS Information Manual.
5.15 Alternative Dispute Resolution: Except for urgent or interim relief, any disputes concerning:
5.15.1 access to the INFINITEX DATA INNOVATIONS Website;
5.15.2 inability to access the INFINITEX DATA INNOVATIONS Website;
5.15.3 the services and content available on the INFINITEX DATA INNOVATIONS Website; or
5.15.4 these terms and conditions, will be referred to arbitration under the expedited rules of the Arbitration Foundation of South Africa in Johannesburg, using English as the language of arbitration. The arbitrator’s decision will be final, and the losing party will be responsible for the winning party’s legal costs on an attorney and own client scale.
5.16 Costs Associated with Access and Use: Free.
5.17 Cooling-off Period: As per Section 42(1)(d) of the ECT Act, the cooling-off provisions of the ECT Act do not apply to this website.
5.18 Complaints: Users may lodge complaints regarding the INFINITEX DATA INNOVATIONS Website at www. INFINITEX DATA INNOVATIONS.com By submitting a complaint, Users assign the copyright in it to INFINITEX DATA INNOVATIONS and acknowledge that INFINITEX DATA INNOVATIONS may use, disclose, and publish such complaints and is under no legal obligation to respond to, resolve, or address them.
Changes and Amendments
INFINITEX DATA INNOVATIONS explicitly reserves the right, at its sole discretion and without prior notice, to:
6.1 modify these terms and conditions;
6.2 alter the content and/or services available on the INFINITEX DATA INNOVATIONS Website;
6.3 discontinue any aspect of the INFINITEX DATA INNOVATIONS Website or services offered through it; and/or
6.4 change the software and hardware requirements for accessing and using the INFINITEX DATA INNOVATIONS Website.
Privacy
7.1 INFINITEX DATA INNOVATIONS will take reasonable measures to protect the personal information of Users. For the purpose of this clause, “personal information” is defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA).
7.2 INFINITEX DATA INNOVATIONS may electronically collect, store, and use the following personal information of Users:
7.2.1 name and surname;
7.2.2 contact details;
7.2.3 non-personal browsing habits and click patterns;
7.2.4 email address; and
7.2.5 IP address.
7.3 INFINITEX DATA INNOVATIONS collects, stores, and uses the aforementioned information for the following purposes:
7.3.1 to provide requested information to the User;
7.3.2 for newsletter distribution;
7.3.3 for User registration and/or authentication; and
7.3.4 to compile non-personal statistical data about browsing habits, click patterns, and access to the INFINITEX DATA INNOVATIONS Website.
7.4 The information detailed above is collected either electronically through the use of cookies or is provided voluntarily by the User. Users can manage cookie settings through their browser.
7.5 INFINITEX DATA INNOVATIONS may collect, maintain, save, compile, share, disclose, and sell any information collected from users, subject to the following conditions:
7.5.1 INFINITEX DATA INNOVATIONS will not disclose Users’ personal information without their consent.
7.5.2 INFINITEX DATA INNOVATIONS will disclose information without the User’s consent only when legally required to do so.
7.5.3 INFINITEX DATA INNOVATIONS may compile, use, and share any information that does not identify specific individuals.
7.6 INFINITEX DATA INNOVATIONS owns and retains all rights to non-personal statistical information collected and compiled by INFINITEX DATA INNOVATIONS.
Links to Third-Party Websites
8.1 INFINITEX DATA INNOVATIONS may provide links to websites not under its control (“target sites”). These links do not imply any endorsement, agreement with, or support for the content of those target sites.
8.2 INFINITEX DATA INNOVATIONS does not editorially control the content of these target sites and will not be liable for access to, inability to access, or the content available on or through such sites.
Security
9.1 INFINITEX DATA INNOVATIONS will take reasonable precautions to secure the content of the INFINITEX DATA INNOVATIONS Website and the information provided by and collected from Users against unauthorized access and/or disclosure. However, INFINITEX DATA INNOVATIONS does not guarantee that content will be 100% safe and secure.
9.2 INFINITEX DATA INNOVATIONS is under no legal obligation to encrypt any content or communications to and from the INFINITEX DATA INNOVATIONS Website, nor is it legally required to provide digital authentication for any page on the website.
9.3 Users are prohibited from intentionally or negligently introducing any harmful code, such as computer viruses, to the INFINITEX DATA INNOVATIONS Website or the supporting server and computer network.
9.4 Without prejudice to criminal prosecution, any person who intentionally or negligently introduces damaging code to the INFINITEX DATA INNOVATIONS Website will be liable to indemnify and hold INFINITEX DATA INNOVATIONS and its partners/affiliates harmless against any and all liability, damages, and losses resulting from such code.
9.5 Users may not develop, distribute, or use any device to breach or circumvent the security measures of the INFINITEX DATA INNOVATIONS Website. INFINITEX DATA INNOVATIONS reserves the right to claim damages from any individuals involved in a security failure or breach.
9.6 Any User who commits any of the offenses detailed in Sections 85 to 88 of the ECT Act will, notwithstanding criminal prosecution, be liable for all resulting liability, loss, or damages suffered and/or incurred by INFINITEX DATA INNOVATIONS and its partners/affiliates.
Disclaimer and Limitation of Liability
10.1 Subject to Sections 43(5) and 43(6) of the ECT Act, where applicable, and to the extent permitted by law, INFINITEX DATA INNOVATIONS (including its owners, directors, employees, suppliers, internet service providers, partners, affiliates, and agents) will not be liable for any damage, loss, or liability of any kind incurred by anyone resulting from:
10.1.1 access to the INFINITEX DATA INNOVATIONS Website;
10.1.2 access to websites linked to the INFINITEX DATA INNOVATIONS Website;
10.1.3 inability to access the INFINITEX DATA INNOVATIONS Website;
10.1.4 inability to access websites linked to the INFINITEX DATA INNOVATIONS Website;
10.1.5 content available on the INFINITEX DATA INNOVATIONS Website;
10.1.6 services available through the INFINITEX DATA INNOVATIONS Website;
10.1.7 downloading and use of content from the INFINITEX DATA INNOVATIONS Website; or
10.1.8 any other cause not directly attributable to INFINITEX DATA INNOVATIONS’s gross negligence.
10.2 The INFINITEX DATA INNOVATIONS Website is provided on an “as is” basis and has not been tailored to meet individual User requirements. It is the User’s responsibility to ensure, before agreeing to these terms with INFINITEX DATA INNOVATIONS, that the content available on and through the INFINITEX DATA INNOVATIONS Website meets their individual needs and is compatible with their computer hardware and/or software.
10.3 Information, ideas, and opinions expressed on the INFINITEX DATA INNOVATIONS Website should not be considered professional advice or INFINITEX DATA INNOVATIONS’s official stance. Users are encouraged to seek professional guidance before taking any action based on such information, ideas, or opinions.
10.4 INFINITEX DATA INNOVATIONS does not warrant or represent that the content and services available on the INFINITEX DATA INNOVATIONS Website will always be accurate, correct, or error-free. INFINITEX DATA INNOVATIONS will take reasonable steps to ensure the quality and accuracy of the content and encourages Users to report any inaccuracies, subject to INFINITEX DATA INNOVATIONS’s right to freedom of expression and its sole discretion regarding the website’s content.
10.5 INFINITEX DATA INNOVATIONS does not guarantee that the INFINITEX DATA INNOVATIONS Website will be available at all times. Users acknowledge that the website may be unavailable due to updates or other reasons beyond INFINITEX DATA INNOVATIONS’s reasonable control, including but not limited to virus infections, unauthorized access, power outages, or other “acts of God.”
Content Removal and Correction
Users are encouraged to report any untrue, inaccurate, defamatory, illegal, infringing, and/or harmful content found on the INFINITEX DATA INNOVATIONS Website to INFINITEX DATA INNOVATIONS. Upon receiving reasonable grounds to substantiate the alleged nature of the content from the reporting party, INFINITEX DATA INNOVATIONS undertakes to correct and/or remove such content or any part thereof.
Interception of Communications
12.1 Subject to the Regulation of Interception of Communications (RIC) Act 70 of 2002, the User consents to INFINITEX DATA INNOVATIONS’s right to intercept, block, filter, read, delete, disclose, and use all communications sent or posted by the User to the INFINITEX DATA INNOVATIONS Website, its staff, and employees.
12.2 The User agrees and acknowledges that the consent provided in clause 12.1 satisfies the “writing” requirement as detailed in the ECT Act and the RIC Act.
Entire Agreement and Severability
13.1 These terms and conditions constitute the complete agreement between INFINITEX DATA INNOVATIONS and the User and supersede any disclaimers and/or legal notices attached to any communications and/or postings received by INFINITEX DATA INNOVATIONS from the User.
13.2 Any failure by INFINITEX DATA INNOVATIONS to exercise or enforce any right or provision will not be considered a waiver of that right or provision.
13.3 If any term or condition herein is found to be unenforceable or invalid for any reason, that term(s) or condition(s) will be severable from the remaining terms and conditions, which will continue to be enforceable and applicable.
Agreement in Terms of Section 21 of the ECT Act
The User and INFINITEX DATA INNOVATIONS agree that:
14.1 the User will be bound by these terms and conditions, and this agreement is concluded in Centurion, South Africa, at the time the User first accesses the INFINITEX DATA INNOVATIONS Website.
14.2 data messages (as defined in the ECT Act) sent by the User to INFINITEX DATA INNOVATIONS will only be deemed received when INFINITEX DATA INNOVATIONS responds.
14.3 data messages (as defined in the ECT Act) sent by INFINITEX DATA INNOVATIONS to the User will be considered received by the User as outlined in Section 23(b) of the ECT Act.
14.4 data messages (as defined in the ECT Act) sent by the User to INFINITEX DATA INNOVATIONS are deemed to have been created and sent by the User from within the geographical boundaries of South Africa.
14.5 electronic signatures, encryption, and/or authentication are not required for valid electronic communications between the User and INFINITEX DATA INNOVATIONS.
14.6 The User agrees and warrants that data messages sent to INFINITEX DATA INNOVATIONS from a computer, IP address, or mobile device typically used or owned by the User were sent and/or authorized by the User personally.
Applicable and Governing Law
Subject to clause 5.4, the INFINITEX DATA INNOVATIONS Website is hosted, controlled, and operated from the Republic of South Africa. Therefore, the laws of South Africa, as enforced by the South African courts, govern the use or inability to use the INFINITEX DATA INNOVATIONS Website, its content, services, and these terms and conditions.
Legal Costs
INFINITEX DATA INNOVATIONS will not be responsible for any costs incurred by Users in obtaining professional advice related to these terms and conditions.