Website Terms and Conditions of Use

  1. Recordal
    1. The terms and conditions set forth in this agreement regulate the relationship between Peresoft Software (" Peresoft Software" or "we" or "us" or "our") and its subscribers and non-subscribers ("visitors") (cumulatively referred to as "you" or "your" hereinafter) who use the Peresoft Software website ("website"), the Peresoft Software network ("network") or services offered by Peresoft Software from the website.
    2. The purpose of these terms and conditions are (i) to help you enhance your use of the internet and the services accessible from the website by preventing unacceptable use, (ii) to protect the network, (iii) to comply with applicable laws and (iv) to act as a responsible internet access and internet service provider. These terms and conditions do not aim to place unnecessary and onerous restrictions on your use of our website or network, inasmuch as you are responsible for your use of the services and content accessible from our website.
    3. Peresoft Software respects your right to dignity, freedom of expression, privacy and information and it is not our policy to permit or deny communications on the basis of content, except where forced to do so by law or where required in terms of these terms and conditions. Peresoft Software is merely providing you with unfiltered access to the services which are accessible from our network. The Peresoft Software discussion boards, chat forum and experts forum are moderated by people who are not employees of Peresoft Software. Peresoft Software is merely a passive conduit for data and content transmitted over its network. Peresoft Software does not actively monitor, review or verify any communications, transmissions or your use of our services. Peresoft Software cannot nor does it exercise editorial control over the content of our discussion boards, Peresoft Software chat, Experts forum, email transmissions, or newsgroups. It does, however, acknowledge the possibility that you might abuse our services and in the event of such abuse occurring, we will respond appropriately. If you feel that your right to privacy is at risk, the onus is on you to safeguard it, using whatever legal and acceptable means are appropriate, such as cryptography and mail filtering, for example.
  2. Acts and Ommisions
    1. The following acts or omissions on your part will constitute a breach of these terms and conditions which will entitle us to act in accordance with the provisions of clause 5 below. The following acts or omissions constitute a breach of these terms and conditions:
      1. Illegal Activities
        You are prohibited from making use of our network to engage in any illegal or unlawful activity. These include, but are not limited to the transmission of content which:

        • carries any defamatory, discriminatory or obscene material;
        • carries child pornography;
        • carries religious or racial slurs;
        • is used in connection with any infringement of another persons intellectual property rights (for example copyright and trademark);
        • engages in the transmission of pirated software;
        • threatens or encourages bodily harm;
        • destroys tangible or intangible property;
        • uses the network to harass another subscriber or visitor; and
        • uses the network to collect or attempt to collect personal information about third parties without their knowledge or consent.
      2. Fraudulent Activity
        You are prohibited from making use of our network to make fraudulent offers to sell or buy products, items, or services or to offer or solicit for any type of financial scam such as "pyramid schemes" and "chain letters".

      3. Network Security Breaches
        You are prohibited from using our network to attempt to, or penetrate, or gain unauthorised access or circumvent any security measures implemented by Peresoft Software. Such activities may result in criminal or civil proceedings being instituted against you, it being understood that Peresoft Software will co-operate with investigations being conducted by the administrators of other websites or networks in the investigation of suspected circumventions or penetrations on their websites or networks by you from the Peresoft Software network.

      4. Disruption
        You are prohibited from using our network to disrupt the normal functioning of the network, the website or any part of the internet which includes, but is not limited to, all manner of "denial of service attacks", attempted password cracking and utilising another subscribers account without that subscribers permission.

      5. Use of Proprietary Material
        You are prohibited from using the network to obtain material protected by inter alia copyright (such as digital images, text and software for example) and trademark, unless you have obtained the written consent of the owner of the protected material. You are, however, entitled to the network to obtain and download materials in the public domain (such as digitised images, text and software for example), provided that such material are clearly marked as available for download in this manner.

      6. Use of the Peresoft Software Chat Forums, Discussion Boards and Experts Forum
        Your failure to adhere to Peresoft Software chat, discussion board and experts forum terms and conditions of use and chat and discussion board rules will constitute a breach of these website terms and conditions of use.

  3. Breaches of these Terms and Conditions
    1. Should you breach any of the above terms and conditions, Peresoft Software shall be entitled, but not obliged to exercise any of its rights that it may have in law and to respond to any complaint lodged by you in one or more of the following manners:
      1. to issue a warning
      2. if a subscriber, to suspend the subscriber's account
      3. to withdraw a subscriber or visitors network access privileges
      4. to claim immediate payment of all costs incurred by Peresoft Software for responding to the complaint and taking corrective steps
      5. to institute legal proceedings against a subscriber or visitor for specific performance, or for any loss or damage sustained by Peresoft Software (irrespective of whether such loss or damage is consequential, incidental, indirect or special, including, without limitation, business interruption, loss of business information, loss of data or other pecuniary loss, regardless of whether such liability is based on breach of contract, delict, strict liability or otherwise)
      6. to respond to the compliant in any other manner deemed appropriate by Peresoft Software
  4. Alteration to Terms and Conditions
    1. Peresoft Software reserves the right to alter its privacy policy any terms and conditions regulating the relationship between you and Peresoft Software at any time.
    2. You acknowledge that by using the services from time to time, that you shall become bound to the current version of the relevant terms and conditions (the "current version") and, unless stated in the current version, all previous versions shall be superseded by the current version.
    3. You shall be responsible for reviewing the then current version each time it makes use of the service.
    4. Without derogating from the aforegoing, and without imposing any obligation on Peresoft Software whatsoever, Peresoft Software reserves the right to give you notification of amendments of the relevant terms and conditions and its privacy policy either by electronic mail or by posting a notice on this legal section of the website. On notification of the existence of the amended terms and conditions and/or privacy policy, you shall be obliged to visit the legal section of the website and view the then current version.
    5. A certificate signed by Peresoft Software (or by one of Peresoft Software's directors, whose appointment, qualification and authority need not be proved) shall be prima facie proof of the date of publication and content of the current version and all previous versions of the terms and conditions and privacy policy.
  5. General
    1. All of our terms and conditions and privacy policy shall in all respects be governed and construed in accordance with the laws of the Republic of South Africa and all disputes, actions and other matters in connection therewith, shall be determined in accordance with such laws.
    2. Failure or neglect by Peresoft Software to enforce at any time any of the provisions of this agreement shall not be construed as a waiver of its rights, nor shall such failure or neglect in anyway effect the validity or the whole or any part of these terms and conditions, nor prejudice Peresoft Software's rights to take subsequent action.
    3. This agreement contains the entire terms and conditions that apply to your use of the website and network and no other agreement between you and Peresoft Software shall be binding on us and no addition to, or variation of these terms and conditions (save for those effected under clause 6 above) shall be of any force or effect unless reduced to writing and signed by a duly authorised representative of Peresoft Software.