Website Legal Notice

1. Recordal
   1. The Software and Services offered by or through the Website are made available subject to the following terms and conditions. By using the Website, Website Users agree to be bound by, and to comply with, these terms and conditions and any further terms and conditions that Everlytic may prescribe from time to time. Everlytic reserves the right to make changes to its Website and this Notice at any time. For the avoidance of doubt, the Notice available on the Website at the time of each of the Website User’s Website usage sessions shall govern the relevant session.
2. Website Conditions & Terms of Use
   1. Enforceability: The terms and conditions contained in the Notice shall apply to the fullest extent permissible by law. If any provision of the Notice is unlawful, void or unenforceable, that provision shall be deemed severable from the Notice and shall not affect the validity and enforceability of the remaining provisions.
   2. Limited Liability Of Everlytic: The Website User understands, acknowledges and agrees that usage of the Website and reliance on the Website content is at the discretion and risk of the Website User. Everlytic, in its discretion, reserves the right at any time to change or discontinue any aspect or feature of the Website, including, but not limited to content, hours of availability and equipment needed for access or use of the Website. Everlytic shall attempt to maintain the availability and accessibility of the Website however Everlytic takes no responsibility for, and will not be liable for the Website being temporarily unavailable or inaccessible for reasons beyond its control.
   3. No Warranty: The Website has not been tailored to individual needs and is provided to the public as a whole, based thereon the information contained on the Website is provided by Everlytic and/or its partners, affiliates, members, suppliers or agents without warranty of any kind, expressed or implied, including (but not limited to) any implied warranties of reliability, fitness for any particular purpose, timeliness, sequence, completeness, non-infringement of third party rights and/or freedom from errors or inaccuracies. Everlytic makes all reasonable efforts to ensure that all material and information on this Website is correct but cannot represent or guarantee the accuracy thereof. As such, Everlytic makes no warranties or representations as to the accuracy of the content, information and materials contained in this Website.
   4. Unauthorised Use of the Website: The Website User is permitted to use the Website for lawful purposes only. Unauthorised use of the Website includes posting or transmission of data which violates or infringes in any way this Notice or the rights of Everlytic or third parties, uses which are unlawful, defamatory or otherwise objectionable or offensive in the discretion of Everlytic or which constitutes advertising of goods or services in the absence of written approval from Everlytic. Unauthorised use of the Website may give rise to Everlytic instituting a claim for damages against the Website User and/or the Website User may be found guilty of a statutory and/or criminal offence and/or may be held liable for civil damages.
   5. Third Party Website Links: Everlytic may include or provide links to third party websites on the Internet. Such websites may provide opinions, recommendations, or other information from various individuals, sponsors, organisations or companies. In providing such links, Everlytic does not investigate the content of such information nor endorse, guarantee, warrant, or recommend the accuracy of such information, alternatively subscribe to any such opinions or recommendations.
   6. Everlytic’s Website Links: The Website may also contain links to other websites which are owned and run by Everlytic. These links are provided for the Website User’s convenience and for the purpose of providing additional information. The Website User’s use of the linked Everlytic website is governed by the usage terms applicable to that specific website and is not governed by this Notice.
   7. Linking Agreement: The Website User may not create a link to this Website from another website without Everlytic’s prior consent in writing in the form of a “Linking Agreement”, in which case the terms of the Website User linking to the Website shall be governed by the terms of a “Linking Agreement” to be entered into between the Website User and Everlytic.
   8. Website Intellectual Property: This Website constitutes software and content (such as images, text, animation, photos, video, graphics, music, sound and voice) that is the intellectual property of Everlytic and/or various third parties and subject to the applicable intellectual property laws. Further and to the extent that Everlytic does not own specific content or such content falls within the public domain, Everlytic may hold copyright in the selection, coordination, arrangement and enhancement of such information on the Website. No rights and/or license to Everlytic’s intellectual property or the intellectual property of third parties have been granted to the Website User, unless otherwise indicated. The software and content may not be used in violation of the intellectual property rights of Everlytic and/or such third parties as applicable. Without limitation on the prohibitions placed on the Website User, the Website User expressly agrees not to:
      • commercially exploit, reproduce, distribute, transmit, display, publish or broadcast any Website content without the prior written approval of Everlytic or in the case of third-party content, the owner of that content;
      • claim or convey ownership of the Website content either in its entirety or otherwise;
      • modify the Website content for the purposes of reposting to other websites;
      • alter or remove any trademark, copyright or other notice from the Website content;
      • copy or otherwise incorporate Website content into or store in any other website, electronic retrieval system, publication or other work in any form; and/or
      • frame the Website or any part of the Website.
   9. Unsolicited Commercial Communications: The Website User agrees not to collect or use any Personal Information listed on the Website, pertaining to the Website’s Users, contributors, members, Clients and/or executives or advisors of Everlytic for the purposes of transmitting and/or in any manner facilitating the transmission of unsolicited commercial communications.
   10. Subscription to Everlytic: As an ordinary Website User (i.e. not a Client) the Website User shall only have access to the public content areas of the Website. The Website User will have to subscribe to Everlytic to receive newsletters and further content including, but not limited to, marketing and promotional material. Subscription to Everlytic is on a voluntary basis. The Website User’s consent is effective immediately and shall endure until it revokes its consent. For the Website User’s convenience all Everlytic communications shall contain an unsubscribe link, by following the unsubscribe process the Website User shall be deemed to have revoked its consent. Should the Website User’s contact details change, it is its obligation to update its details with Everlytic via email. All enquiries relating to subscription records may be directed to Everlytic via email.
   11. Website Push Notifications: As a Website User you can elect to register for the Website Push Notifications which will notify you when a new blog post is available on the Website or new content that may be of interest. The Website will ask if you would like it to send you “Push Notifications”, which may include alerts, badges, banners and sounds, on your device and browser. If you choose to allow Website Push Notifications then the Website will generate Website Push Notifications on your device whenever a new blog post or content piece is available, and such notification will be whether you are on the Website or not. You acknowledge and consent to receipt of these Website Push Notifications.
       At any time, you can manage your Website Push Notification preferences or deactivate these notifications by turning off the notifications. To do this you need to be on the Everlytic website and click on the lock icon in the browser, this will show a pop-up box which will then give you the option to change notification settings. If your browser does not show this option then you will need to click on settings and change it on that page.
   12. Cookie Policy: We have a legitimate interest in the use of cookies in the pursuit of our business. Cookies and similar tracking technologies, such as tags, scripts and beacons, are small pieces of code (referred to as cookies hereafter) that are stored on a device (computer, mobile phone, tablet etc.) and enable us to personalise our and our clients content. We may use cookies in emails we send to you and on our website. We will always make sure our website contains clear and easy to find information about our cookies.Our cookie table lists the cookies we use, including third-party cookies.

3. Hyperlinks
   1. No person, business or website may link to any page on the Website without first obtaining permission to do so from Everlytic in writing.
   2. Hyperlinks provided on the Website to web pages that do not form part of the Website and are not owned by Everlytic, are provided “as is” and Everlytic is not responsible and may not be held responsible in any way for the content on such web pages.
4. Limitation of Liability
   1. In no event shall Everlytic, its employees, representatives, agents or suppliers be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of or in any way connected with the use of this Website. Such limitation shall also apply with respect to damages resulting from the inability to use this Website, the operational failure of this Website, or for any information, data, products, and services obtained through this Website, or otherwise arising out of the use of this Website, whether based on contract, delict, strict liability or otherwise.
5. Violation
   1. Should a Website User violate these terms and conditions or any other rights of Everlytic, Everlytic hereby reserves the right to pursue any and all legal and equitable remedies against the aforesaid Website User. In the event that Everlytic should fail to enforce any right or provision in this Notice, the Website Users agree that this failure does not constitute a waiver of such right or provision or of any other rights or provisions in this Notice.
6. Security
   1. Any person or entity that delivers or attempts to deliver any damaging code to this Website, to gain unauthorised access to any page on this Website, to tamper with any of the content or pages that constitute this Website or to duplicate such pages or content shall be prosecuted to the full extent of the law and civil damages shall be claimed in the event that the Everlytic suffers any damage or loss as a result of such actions.
7. Whole Agreement, Non-Waiver and Severability
   1. The terms and conditions as stated in this Notice, read together with the remaining portions of the Agreement where applicable, constitute the entire agreement between the Website User and Everlytic in relation to the subject-matter hereof and shall take precedence over any disclaimers and/or legal notices attached to any communications and/or postings received by Everlytic from the Website User and vice versa.
   2. Any failure by Everlytic to exercise or enforce any right or provision hereof shall in no manner constitute a waiver of such right or provision.
   3. In the event that any term or condition detailed herein is found to be unenforceable or invalid for any reason, such term(s) or condition(s) shall be severable from the remaining terms and conditions hereof. The remaining terms and conditions shall remain enforceable and applicable.
   4. The Website User shall be bound by these terms and conditions and such agreement shall be deemed to have been concluded in Johannesburg (South Africa) at the time that the Website User entered the Website for the first time or immediately after the Website User indicated consent by accepting these terms and conditions online.
8. Disclaimer
   1. The information, content, services, products, materials published on this Website, software or other material downloaded therefrom, including without limitation, text, graphics and links are provided on an “as is” basis. Everlytic makes no representations or warranties of any kind express or implied, as to the operation of this Website or the accuracy, correctness or completeness of the information, contents, materials, or products included on this Website. Without limiting the generality of the foregoing:
      1. Everlytic does not warrant that this Website, will be error-free, or will meet any particular criteria of accuracy, completeness or reliability of information, performance or quality; and
      2. Whilst Everlytic has taken reasonable measures to ensure the integrity of this Website and its contents, no warranty, whether express or implied, is given that any files, downloads or applications available via this Website are free of viruses, Trojans, bombs, time-locks or any other date or code which has the ability to corrupt or affect the operation of the Website User’s system.
   2. The Parties expressly accept that the information presented on the Website (or downloaded therefrom) is not intended to serve as professional advice or services.
   3. Everlytic shall not be liable for any interruption, malfunction, downtime or other failures of the Website or online services, or of Everlytic’s system, or of its databases or any related components, for reasons beyond the control of Everlytic, including, but not necessarily limited to, third-party systems such as the public switched telecommunication service providers, internet service providers, electricity suppliers, local authorities and certification authorities or arising from any event over which Everlytic has no control.
   4. Although Everlytic makes no express or implied representations or warranties that the content and service available from this Website are free from errors or omissions or that the service will be uninterrupted and error-free, Website Users are encouraged to report any possible malfunctions and errors to Everlytic via email.
   5. This Website is available on the World Wide Web for any Website User to view ‘as is’, and has not been compiled or designed to meet each Website User’s individual requirements. Everlytic provides no warranty in relation to the merchantability or the “fitness for any particular purpose” of the Website or the information, Software or other material downloaded therefrom or stored thereon or in relation to the non-infringement, compatibility, security or accuracy thereof. Everlytic will not be held responsible for any inconvenience, loss or damage that a Website User may suffer as a result of any failure to meet such Website’s requirements
   6. Everlytic reserves the right to suspend or terminate the subscription of a Website User without notice should the Website User, their affiliates, employees or agents:
      1. Not adhere to the proper use of the Services;
      2. Post defamatory, damaging, illegal, illicit, or bias comments on the Website;
      3. Fail to pay any fees which are due owing and payable to Everlytic;
      4. Not adhere to the terms and conditions for use of this Website.
   7. Should the subscription be terminated for the reasons stated in clause 8.6 above, the Website User shall not have any recourse of whatsoever nature against Everlytic;
   8. Each Website User shall remain liable to acquire and maintain, at his/her/its own expense, the computer hardware, system and information security, software, lines and access accounts to access the Internet and the Website and/or to download content from the Website;
   9. The provisions of this clause 8 shall apply mutandis mutandi to any postings by a Website User onto the Website of any comments which are defamatory, damaging, unlawful, illicit or prejudiced.
9. Everlytic Information and Website Compliance
   1. The following tables contain further information regarding Everlytic and contain the information which is required to be provided by Everlytic to the Website User in compliance with Section 43 of the ECT Act. This clause of the Website Legal Notice was last revised on 17 April 2014. The Website User is advised to regularly check this section of the Notice for any amendments or updates.

10. Everlytic Website Technical Contact
    • Email: [email protected]
11. Everlytic Enquiries Contact
    • Email: [email protected]
12. Everlytic Complaints Contact
    • Email: [email protected]

13. Definitions:

Unless otherwise expressly stated, or the context otherwise requires, the words and expressions listed below shall, when used in this Website Legal Notice, including this definitions clause, bear the meanings ascribed to them:

1. 1. “Account” means the Client’s account as more fully detailed in the written terms of the agreement signed by the Client;
   2. “Agreement” means the agreement entered into between the Everlytic and its Clients comprising of the Terms and Conditions of Service, the Privacy Policy and this Website Legal Notice;
   3. “Client/s” means the person/s or legal entity/ies who utilise the software and services provided by Everlytic;
   4. “Distribution Lists” means the lists of e-mail recipients compiled by the Client in relation to each instance of the Client’s use of the services rendered by Everlytic to it;
   5. “Notice” means this Website Legal Notice;
   6. “Personal Information” means information about an identifiable individual as defined more fully in the Promotion of Access to Information Act 2 of 2000 and includes personal information regarding the Website User;
   7. “Service/s” means the bulk e-mail and text message software services supplied by Everlytic to the Client in terms of the Agreement and incorporating limited licensed use of the Software by the Client;
   8. “Software/Everlytic” means the Everlytic software, which comprises of bulk e-mail and SMS message distribution web-hosted software developed by Everlytic and licensed by Everlytic to the Client;
   9. “Terms and Conditions of Service” means the Terms and Conditions of Service and Supply of Software agreement entered into between Everlytic with its clients;
   10. “Website” means Everlytic’s Website located at https://everlytic.com/;
   11. “Website User” means any person or entity who views any page/s which form part of the Website, including any approved and authorised representative of such person or entity, including a technician in relation to an electronic security system and who accesses the Website and utilises the functions thereof or any person who enters or uses the Website, notwithstanding that such a person only visited the homepage of the Website.