Introduction

We make our services available on condition that you accept these terms and conditions as they are and without modifications. These terms and conditions are a binding contract between you and us so it is very important that you read them carefully and ensure that you understand and accept them.

If you access and/or receive a benefit from and/or use our services, we will take that to mean you have read and understand these terms and conditions and agree to them. If you do not agree with any provision contained in these terms and conditions, please do not use our services or any of the services.

We reserve the right, in our sole discretion, to, and you agree that we may, amend these terms and conditions at any time, in any way and from time to time. We will notify you if and when we amend these terms and conditions. These amendments shall come into effect immediately and automatically.

It is your responsibility to review these terms and conditions regularly and to ensure that you agree with any amendments to these terms and conditions. If you do not agree with any amendments to these terms and conditions, you may no longer make use of the website or the services.

Only we may amend these terms and conditions and when we do so, it will be in writing.

Chapter VII of the ECT Act grants rights to any natural person (in other words, living human beings) who enters or intends entering into what is known as an “electronic transaction” with us on our services. None of these terms and conditions are intended to limit the rights the ECT Act grants you.

Any reference in these terms and conditions to a party shall, if such party is liquidated or sequestrated (the meaning of which includes any analogous proceedings in any other jurisdiction), be applicable also to and binding upon that party’s liquidator or trustee, as the case may be.

Legal age and capacity

You may not use our services and may not accept these terms and conditions if you are a person barred from receiving our services under the laws of the Republic of South Africa or other countries including the country in which you are resident or from which you use our services.

In using our services and/or the content you represent and warrant that you are of full legal age, or are emancipated or have your guardian’s consent to enter into a contract being these terms and conditions.

Content accessible through our services may not be appropriate for all users and while we take steps to monitor and remove objectionable content, it remains solely your responsibility not to consume inappropriate content or prevent under age users from accessing this content where it is within your control to do so.

Definitions

These terms and conditions may contain a number of terms and phrases which have a specific meaning in this document.

  • In these terms and conditions, headings are for convenience and shall not be used in its interpretation;
  • Unless we indicate to the contrary in these terms and conditions, any references to any gender includes the other genders, a natural person includes an artificial person and vice versa, the singular includes the plural and vice versa;
  • The following expressions shall bear the meanings assigned to them below and related expressions shall bear corresponding meanings – “access” when used in the context of our services, means to visit, use, load in a web browser, mobile phone or similar software application or device or otherwise engage with our services;
    • “content” means all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, our services; “the ECT Act” means the Electronic Communications and Transactions Act 25 of 2002;
    • “intellectual property” means, collectively, the patents, copyrights (and moral rights), trademarks, designs, models, brands, names, trade names, graphics, icons, hyperlinks, know-how, trade secrets and any other type of intellectual property (whether registered or unregistered including applications for and rights to obtain or use same) which we own, license, use and/or hold (whether or not currently) on or in connection with this Service;
    • “know-how” means all the ideas, designs, documents, diagrams, information, devices, technical and scientific data, secrets and other processes and methods we use in connection with this Service, as well as, all available information regarding marketing and promotion of the products and services described in this Service, as well as all and any modifications or improvements to any of them;
    • “post” means to upload, publish, transmit, share or store;
    • “RIC Act” means the Regulation of Interception of Communications and Provision of Communication Related Information Act 70 of 2002;
    • “our services” means LightSpeed’s services described below and include the website;
    • “terms and conditions” means these terms and conditions, as amended from time to time;
    • “trademarks” means those trademarks we own (or which we are designated as beneficial owner of) and any other trademarks, designs, logos, style names, tag lines and slogans which we own or have the right to use or any derivative service offerings of, and applications for, any of same; “website” means each and every website we own, host, operate or administer including, but not limited to, the websites located at or accessible through our website;
    • “you” means users of and visitors to our services as well as any other person seeking to interact with our services;
    • “LightSpeed”, “us” and “we” means LightSpeedDevelopment Computer Services CC, a company duly registered and incorporated in accordance with the laws of the Republic of South Africa and with registration number 2005/137639/23, When any number of days is prescribed such number shall exclude the first day and include the last day unless the last day falls on a Saturday, Sunday or public holiday in the Republic of South Africa, in which case the last day shall be the next succeeding day which is not a Saturday, Sunday or public holiday in the Republic of South Africa;

All annexures, addenda and amendments to these terms and conditions form an integral part of these terms and conditions and, therefore, our contract with you.