Terms of Use

INTRODUCTION

Please read the following Terms of Use (“Terms”) carefully before using Praetor Wildlife Cluster (Pty) Ltd’s (“We”, “Us”, “Ourselves”, “Praetor Wildlife Cluster”) website (“the Website”).  The user of the Website (“User”, “You”, “Your”, “Yourself/ves”) is subject to these Terms and the Privacy Policy which is incorporated by reference into these Terms. Use of the Website indicates that You have read, understood and agreed to be bound by these Terms. We may amend these Terms at any time. All amended Terms shall be effective automatically and immediately upon the posting of the revised Terms and any subsequent activity in relation to the Website shall be governed by such amended terms and conditions of usage. You are advised to regularly consult the Website for any amendments.

If You do not agree with any of these Terms, please do not use the Website. Alternatively, please contact Our Information Officer: Pieter Pretorius, office@praetorwildlife.co.za

These Terms were last updated on 27 February 2023.

1. DEFINITIONS

  • “Applicable Data Protection Laws” shall mean all legislation, regulations or guidance notes in the Republic of South Africa protecting the fundamental rights and freedoms of individuals or juristic persons in respect of their right to privacy and the Processing of Personal Information. This includes South Africa’s Promotion of Access to Information Act, 2000 (“PAIA”) and the Protection of Personal Information Act, 2013 (“POPIA”).
  • “Consent” shall mean any voluntary, specific, and informed expression of will in terms of which You give Your permission for Us to Process Your Personal Information in accordance with these Terms and with Our Privacy Policy.
  • “Data Subject” shall mean any natural or juristic person to whom the Personal Information relates.
  • “Electronic Signatures” shall mean data attached to, incorporated in, or logically associated with other data and which is intended by the User to serve as a signature, as defined in the Electronic Communications and Transactions Act, 2002 (“ECTA”).
  • “Information Officer” shall mean, in the case of a juristic person: the chief executive officer or equivalent officer of the juristic person or any person duly authorized by that officer; or the person who is acting as the head of the juristic person or any person duly authorized by such acting person. In the case of Praetor Wildlife Cluster, this position is filled by Pieter Pretorius.
  • “Intellectual Property” shall mean, collectively, patents, copyright, trademarks, logos, style names, slogans, designs, models, methodologies, Know-How, inventions, trade and business secrets and any other type of Intellectual Property (whether registered or unregistered including applications for and rights to obtain, use or protect) which are used or held, whether or not currently, in connection with Praetor Wildlife Cluster or the Website.
  • “Know-How” shall mean ideas, designs, documents, diagrams, information, devices, technical data, scientific data, secret and other processes and methods used in connection with the Website and/or Praetor Wildlife Cluster’s business, and, all available information regarding marketing and promotion of the projects and services of Praetor Wildlife Cluster, and all and any modifications or improvements to any of its projects and services which do not constitute entirely new projects or services.
  • “Operator” shall mean a person who Processes Personal Information on behalf of a Responsible Party in terms of a contract or mandate, without coming under the direct authority of the Responsible Party.
  • “Personal Information” shall mean information relating to an identifiable, living, natural person and where it is applicable, to an identifiable, existing juristic person, including but not limited to:
  • information relating to race, gender, sex, pregnancy, marital status, national, ethnic or social origin, colour, sexual orientation, age, physical or mental health, well-being, disability, religion, conscience, belief, culture, language and birth of the person;
  • information relating to the education or the medical, financial, criminal or employment history of the person;
  • an identifying number, symbol, email address, physical address, telephone number, location information, online identifier, or other particular assignment to the person;
  • the biometric information of the person;
  • the personal opinions, views or preferences of the person;
  • correspondence sent by the person that is implicitly or explicitly of a private or confidential nature or further correspondence that would reveal the contents of the original correspondence;
  • the views or opinions of another individual about the person; and
  • the name of the person if it appears with other Personal Information relating to the person or if the disclosure of the name itself would reveal information about the person.
  • “Process/Processing” shall mean any operation or activity or any set of operations, whether or not by automatic means, concerning Personal Information, including: the collection, receipt, recording, organisation, collation, storage, updating or modification, retrieval, alteration, consultation or use, dissemination by means of transmission, distribution or making available in any other form, or merging, linking, as well as restriction, degradation, erasure or destruction of information.
  • “Responsible Party” shall mean a public or private body or any other person which alone or in conjunction with others, determines the purpose and means for Processing Personal Information. For the purposes of this Policy, We are the Responsible Party in relation to Personal Information You submit through the Website.
  • “Third-Party/ies” shall mean any other natural or juristic person that is not You, the User, or Ourselves.
  • “User” shall mean You, the visitor to/user of the Website.
  • “Website” shall mean Praetor Wildlife Cluster’s Website, available at www.praetorwildlife.co.za and is owned by Praetor Wildlife Cluster.

2. ELECTRONIC SIGNATURES

  • You agree to be bound by any affirmation, assent, communication or agreement that You transmit through the Website, including but not limited to any Consents You provide to Us:
    • In order to use the Website or any part thereof;
    • In respect of any Additional Website Terms; and/or
    • In order to receive communications from Us solely through electronic transmission.
  • You agree that, when in the future You click on “I agree,” “I Consent,” “Submit,” or other similarly worded “button” or entry field with Your mouse, keystroke or other computer device, Your agreement or Consent will be legally binding and enforceable and the legal equivalent of Your handwritten signature.

3. USE OF THE WEBSITE

  • Your usage of the Website constitutes Your acceptance of these Terms and Your resultant obligations towards Praetor Wildlife Cluster, the owner of the Website. If You do not agree to these Terms, You are not authorized to use the Website. You are encouraged to contact Our Information Officer, Pieter Pretorius at office@praetorwildlife.co.za should You have any questions regarding these Terms.
  • This Website is not intended for use by children. By accessing or using the Website, You warrant that You are over the age of 18 and that You have the legal capacity to accept these Terms Yourself or on behalf of any party You represent in connection with Your use of the Website.
  • By accessing and using the Website, You warrant that You have read, understood and accepted the terms in our Privacy Policy, and that You Consent to Our Processing Your Personal Information as per Our Privacy Policy.
  • Using the Website or sending Us an email or otherwise contacting Us in any way, does not create a supplier-client relationship between You and any staff member of Praetor Wildlife Cluster. In particular, but without limitation, use of any of the Website’s sources or downloadable documents does not constitute technical, industry specific, financial and/or legal advice. The Website is provided to only to inform You of Our projects, activities and other service offerings.
  • You may not use the Website for any purpose that is unlawful or prohibited by these Terms, any applicable amended Terms, or any other conditions or notices that are made available on the Website. Unauthorized use of this Website may result in Us instituting a claim for damages against You and/or You may be found guilty of a statutory and/or criminal offence.
  • You may terminate Your obligations under these Terms by ceasing use of the Website if You do not agree to the Terms or any alteration or amendment thereto. Your continued use of the Website after amended Terms are effective is evidence of the fact that You have read, understood and agreed to those amended Terms.
  • We reserve the right to withdraw or amend the Website without notice.
  • Every effort is made to ensure that the Website is operational. However, We take no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond Our control.
  • We make no warranty that access to the Website will be uninterrupted. We may carry out maintenance or introduce new facilities and functions from time to time. You agree and accept that as a result, specific interruptions, and unavailability of the Website may occur.

4. IMPERMISSIBLE USES

  • When using the Website, Users agree not to do any of the following:
    • Use the Website in any way, or to any effect, that is fraudulent or that breaches any law or regulation;
    • Use or transfer content on the Website that You do not have the right to use or transfer under Intellectual Property, confidentiality, privacy obligations or in terms of other applicable laws;
    • Gain or attempt to gain unauthorised access to any part of the Website. This includes the use of any malicious or damaging software (such as viruses, trojans, worms etc.) in order to gain or attempt to gain unauthorized access to any part of the Website;
    • Use or transfer content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any software or hardware or telecommunications equipment or otherwise interfere with or disrupt the Website or servers or networks connected to the Website, or that infringes any requirements, procedures, policies or regulations of networks connected to the Website;
    • Attempt to gain unauthorized access to the Website, computer systems or networks connected to the Website, through hacking, password mining or any other means or interfere or attempt to interfere with the proper working of the Website or any activities conducted through the Website;
    • Interfere with any other’s use and enjoyment of the Website;
    • Use or attempt to use another’s Personal Information in any way that You are not authorised to under the Applicable Data Protection Laws, and/or without obtaining that person’s Consent for such use;
    • Use any means to bypass any information security or other measures We use to restrict access or use of the Website for the purposes of ensuring the integrity and confidentiality if the Personal Information under Our control;
    • The POPIA requires Us to obtain Consent to Process Personal Information directly from the Data Subject to whom the Personal Information relates. You therefore, warrant that You will not impersonate another person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity. Should You use the Personal Information of another person, You warrant that You have obtained that person’s Consent to do so or that You are otherwise authorised to use the Personal Information by visiting and/or submitting such Personal Information through the Website.
    • Remove, circumvent, disable, damage or otherwise interfere with any security-related features that enforce limitations on the use of the Website;
    • Use, remove or attempt to use or remove any copyright, trademark or any other Intellectual Property on the Website.
  • If You breach these Terms, Your permission to use the Website terminates immediately.

5. PRIVACY AND THIRD-PARTY ACCESS

  • We are entrusted with responsibly handling, storing and Processing the information and data that We collect through the Website and We agree to use Your Personal Information in accordance with Our Privacy Policy and these Terms. By using the Website, You warrant that You have read and understood Our Privacy Policy and that You Consent to such use, storage and Processing of Your Personal Information.
  • In the event that You elect to submit Personal Information through the Website, such information will be handled in accordance with Our Privacy Policy and Applicable Data Protection Laws.
  • If We are required to provide Your Personal Information to a Third Party (whether by subpoena or otherwise), We will use reasonable means to notify You promptly of that event (on condition that We have collected and retained an email address for You) unless such notification is prohibited by law, or We are otherwise advised not to notify You by legal counsel.
  • We will not disclose Your Personal Information to any Third Parties other than Our Operators who are authorized to Process Your Personal Information on Our behalf in accordance with Our Privacy Policy.
  • In order to provide Our Website and service to You, You acknowledge and agree that We have a dependency on Third Party service providers, being Our Operators, including but not limited to those assisting Us with Our Website functionality and analytics. You agree that We shall not be liable for any failures to render the service attributable to such Third Parties.

6. THIRD PARTY WEBSITES

  • This Website may include links to other websites. These links are provided for Your convenience for the purposes of providing further information to You. Such links do not signify that We endorse the website(s) linked to this Website. You agree that We shall have no responsibility or bear no liability in relation to the content of the linked website(s). Content hosted on Third-Party websites is the responsibility of those websites, and not of Praetor Wildlife Cluster.
  • You may not create a link to the Website from another website or document without prior written authorisation from Us. We reserve the right to withdraw linking permission without notice. The website from which the link originates must comply with the content standards set out in ‘Impermissible Use’ above.

7. INTELLECTUAL PROPERTY

  • All rights in the Website and the content on the Website including copyright, design rights, database rights, trademarks, patents, inventions, Know How, source codes and any other intellectual property rights in any of the foregoing are reserved for Praetor Wildlife Cluster and/or Our content and technology providers.
  • Praetor Wildlife Cluster’s logo displayed is subject to copyright protection. The text, images, graphics, and their arrangement on the Website are all subject to copyright and other Intellectual Property protection. These objects may not be copied for commercial use or distribution (unless otherwise indicated), nor may these objects be modified or reposted to other websites without prior written authorisation.
  • The Website may contain further text, images, graphics, that are subject to the copyright of Third Parties, and You agree not to use such materials in a manner that violates the rights of such Third Parties.
  • You may not (and may not authorise another party to): frame or otherwise co-brand the Website (for example, by displaying a name, logo, trademark or other means of attribution) in a manner that is reasonably likely to give a User the impression that You or a Third Party has the right to display, publish or distribute the Website.
  • No license to Praetor Wildlife Cluster’s Intellectual Property or the Intellectual Property of Third Parties has been granted to You unless otherwise indicated.
  • You may view, download and print content from the Website for information purposes only.
  • You may not modify the paper or digital copies of any materials You have printed or downloaded from the Website.
  • You may not use any part of materials on this Website for commercial purposes without obtaining a license from Us or Our licensors to do so.

8. DISCLAIMER

  • The content on this Website is provided for general information purposes. You understand that Praetor Wildlife Cluster does not provide technical, industry-specific, financial, or legal advice on or via the Website and that We make no representations about the reliability, and accuracy of the information or other content contained on the Website.
  • You acknowledge that Your use of this Website is at Your sole risk.

9. LIMITED LIABILITY

YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT USAGE OF AND RELIANCE ON THE WEBSITE IS ENTIRELY AT YOUR DISCRETION AND RISK. WE, IN OUR DISCRETION, RESERVE THE RIGHT AT ANY TIME TO CHANGE OR DISCONTINUE ANY ASPECT OR FEATURE OF THE SERVICE, INCLUDING, BUT NOT LIMITED TO CONTENT OR HOURS OF AVAILABILITY. WE WILL ATTEMPT TO MAINTAIN THE AVAILABILITY AND ACCESSIBILITY OF THE WEBSITE. HOWEVER, WE TAKE NO RESPONSIBILITY FOR, AND WILL NOT BE LIABLE FOR, THE WEBSITE BEING TEMPORARILY UNAVAILABLE OR INACCESSIBLE FOR REASONS BEYOND OUR CONTROL.

YOU AGREE TO INDEMNIFY AND HOLD US, OUR OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AGENTS, CONTRACTORS, AND SUPPLIERS HARMLESS FROM AND AGAINST ANY CLAIMS, DAMAGES, ACTIONS, LOSSES AND LIABILITIES INCLUDING WITHOUT LIMITATION: LOSS OF PROFITS; DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES; AND ANY REASONABLE LEGAL AND/OR ACCOUNTING FEES, RESULTING FROM: (I) THE ACCESS TO, USE OF, OR PERUSING OF THE WEBSITE, (II) VIRUSES, BUGS, SOFTWARE/PROGRAM MALFUNCTIONS, ERRORS, FAILURES, DELAYS IN COMPUTER TRANSMISSIONS OR NETWORK CONNECTIONS.

Your sole and exclusive remedy, should You be dissatisfied with the Website, is to discontinue Your use of the Website.

We will not be liable for any errors, inaccuracies or omissions with regard to the information and materials provided on the Website.

10. WARRANTIES

  • The Website is provided “as is” and is used at Your own risk. We cannot provide any express or implied warranty or condition of any kind in relation thereto. We also disclaim any warranties of merchantability, fitness for a particular purpose or non-infringement. Although We have the necessary security safeguards in place, We will have no responsibility, by Your use of the Website, for any harm suffered by You, Your computer system, loss or corruption of data, or other harm that results from Your access to or use of the Website.
  • Every effort is made to keep the Website up and running smoothly. However, Praetor Wildlife Cluster takes no responsibility for, does not warrant, and will not be liable for the Website being temporarily unavailable due to technical issues beyond its control.
  • All information contained on the Website is provided by Praetor Wildlife Cluster and/or Our partners, without warranty of any kind, whether expressed or implied, including (but not limited to) any implied warranties that the functions or content contained on the Website will be uninterrupted or error-free, that errors will be corrected, or that Praetor Wildlife Cluster’s servers are free of viruses or other harmful components. Praetor Wildlife Cluster does not warrant or make any representation regarding the use or the result of use of the content in terms of accuracy, reliability or otherwise.

11. INDEMNITIES

  • You agree to, indemnify and hold Praetor Wildlife Cluster, its officers, directors, employees, agents and/or representatives, harmless from and against any claims, actions or demands, liabilities and settlements including (and without limitation to) reasonable legal fees, resulting from, or alleged to result from, Your use or misuse of the Website. We will not be responsible or liable whatsoever in any manner for any content posted on the Website, including claims of infringement relating to content posted on the Website for Your use, or for the conduct of Third Parties whether on the Website or otherwise relating to the Website.

12. JURISDICITON

  • These Terms and any dispute relating to these Terms will be construed and interpreted in accordance with the laws of the Republic of South Africa and You hereby Consent to the exclusive jurisdiction of the South African courts.
  • The Website is controlled by Our Third-Party service providers from their facilities in South Africa. We make no representations that the Website is suitable or available for use in other countries. If You are accessing or using this Website from other countries or jurisdictions, You do so at Your own risk and You are responsible for compliance with local law. Kindly refer to Our Privacy Policy for more information on trans-border flow of Personal Information.

13. WAIVER

  • Any failure by Us to exercise or enforce any part of these Terms shall not be construed as a waiver of Our right to exercise or enforce any part of these Terms.

14. SEVERABILITY

  • If any provision of these Terms is found to be invalid, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.

15. AMENDMENTS TO TERMS AND CONDITIONS

  • We may change these Terms at any time by posting the amended version on the Website. All amended Terms are immediately and automatically effective after they are posted onto the Website. Use of the Website shall be governed by such amended Terms. You are advised to regularly check the Website for amended Terms.
  • Amended Terms shall apply to any disputes that arise after the posting of such terms on the Website.
  • You can easily view when these Terms were last revised by checking the date as set out above.