website terms & condtions

PATHFIND MEDIA WEBSITE TERMS OF USE

These terms and conditions (“Terms of Use”) govern your use of the Pathfinder Marketing (Pty) Ltd website. Please note that our privacy policy forms part of our terms of use.

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1) Information About Us
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Name: Pathfinder Marketing (Pty) Ltd

Registration number: 2014/277262/07

VAT number: 4570292401

Registered address: 15 New Street, Durbanville, Cape Town, 7550

Contact details: https://pathfind.media/contact

Contact details for purposes of these Terms of Use:

• Physical address:
  15 New Street, Durbanville, Cape Town, 7550
• Email: info@pathfindmedia.com

Service fee:

• Website access: free
• Professional services: as per our client contracts

Alternative Dispute resolution: Western Cape Legal Practice Council

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Complaints procedure: At Pathfinder Marketing (Pty) Ltd we value feedback, even if same are complaints. For all complaints, kindly use our “Contact Us” facility to submit your complaint to us or phone the individual you are dealing with to discuss your complaint first. We will reply to your complaint, but stand under our legal obligation to resolve such complaint.

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Naam: Pathfinder Marketing (Pty) Ltd

Registrasienommer: 2014/277262/07

BTW-nommer: 4570292401

Geregistreerde adres: 15 New Street, Durbanville, Cape Town, 7550

Kontakbesonderhede: https://pathfind.media/contact

Kontakbesonerhede vir doeleindes van hierdie Gebruiksvoorwaardes:

• Fisiese adres:
  15 New Street, Durbanville, Cape Town, 7550
• E-pos: info@pathfindmedia.com

Diensfooi:

• Webwerftoegang – gratis
• Professionele dienste – soos per ons kliënte-kontrakte

Alternatiewe Dispuutresolusie: Die Kaapse Wetsgenootskap
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Procedure vir Klagtes: By Pathfinder Marketing (Pty) Ltd ag ons terugvoer, selfs indien sulke terugvoer klagtes is. Maak asseblief van ons  “Contact Us”-fasiliteit gebruik om ’n klagte te kommunikeer, of skakel met die individu met wie u saamwerk om eers jou klagte telefonies te bespreek. Ons sal terugvoer op u klagte stuur, maar hou by ons wettige verpligting om so ’n klagte op te los.

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 2) Definitions

1. "ECT Act" means the Electronic Communications and Transactions Act 25 of 2002
2. “FICA” means Financial Intelligence Centre Act 38 of 2001;
3. "Intellectual Property (“IP”)" means, but not limited to, patent, trademark, domain name, logos, trade name, software, content (copyright), icons, graphics, hyperlinks
4. "Content" means, but not limited to text, graphics, links and other similar material on the website
5. “URL” Uniform Resource Identifier, synonym to ‘web address’;
6. "Website" means the Pathfind Media website with URL / web address : www.pathfindmedia.com
7. "You" shall mean a user of this website

3) Changes to our Terms of Use

We may amend these Terms of Use from time to time, and the revised version will be effective when displayed on our website.

4) Reliance on Information

1. This website, and all of the content within it, has been prepared with the aim of providing key information only and does not constitute legal or professional advice in relation to any particular situation. While we aim to ensure that the information is correct at the date on which it is added to the website, the legal or professional position can change frequently, and content will not always be updated following any relevant changes.
2. Please email the director overseeing a particular department or submit a message to us via the ‘‘Contact Us’’ page if you would like advice on a specific legal issue – we would be happy to help.

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5) Right to Use

1. You are provided a non-exclusive, non-transferable license to use, copy, download, print, distribute, display the content available from the website for personal purposes only.
2. License conditions:some text
   1. For any re-use or distribution of the content, you must make clear to others the terms and conditions applicable to the content available from the website;
   2. You are not allowed to reverse engineer, decompile or modify the website content or any part thereof;
   3. You may not sublicense any of the content available from the website. You must keep intact all notices that refer to this License and to the Limitation of Liability hereunder;
   4. The copying of any article is only permitted if it is copied in full with no amendment or editing. Translation is permitted on the basis that you take full responsibility for the accuracy of the translation and provide full recognition to the source of the article;
   5. In all of the aforesaid licensed rights even if you think it may be fair use of copyright works, Pathfinder Marketing (Pty) Ltd must be acknowledged as the source of the material and the Pathfinder Marketing (Pty) Ltd contact details must be reflected accordingly;
   6. Any of these conditions can be waived if you get permission from the copyright holder (see par. 4.2 above);
   7. We and our suppliers own the software that runs this website. Save to the extent expressly permitted by applicable laws, you must not copy, modify, download, distribute or decompile the software without our consent.
   8. No framing or deep linking is allowed;
   9. No technology / applications / software such as spiders, robots, or web crawlers are allowed to search and / or copy certain quantities of content from the website, unless the necessary authorisation has been provided or the aforesaid technology / applications / software are used by legitimate and authorised entities, e.g.: search engines.

6) Intellectual Property

1. All Intellectual Property available on the website or reference from the website to another URL is the property of - or license to Pathfinder Marketing (Pty) Ltd and may not be used outside the licensed terms as set out under these Terms of Use;
2. Pathfinder Marketing (Pty) Ltd would be pleased to consider requests for permission to disseminate or use Pathfinder Marketing (Pty) Ltd content outside the scope of the above licence provided that our written approval is obtained in advance. To obtain approval please contact us at: info@pathfindmedia.com or on +27 (0) 21 914 4020.

  7) Services Online

1. Where access to restricted parts is given, such as a client login facility, it is subject to more specific terms, those terms should be read with these Terms of Use;
2. New Instructions can be submitted to us online, however will only be acted upon subsequent to confirmation that you have accepted our contract client mandate and an authorised representative of Pathfinder Marketing (Pty) Ltd has accepted your instruction and communicated same to you.

8) Hyperlinks

1. This website may contain links to other websites operated by third parties. Pathfinder Marketing (Pty) Ltd do not endorse, or approve of the operators and / or owners of those third party websites, or the information, graphics and material on those third party websites.
2. Pathfinder Marketing (Pty) Ltd make no warranties or representations regarding the quality, accuracy, reliability, legality, merchantability or fitness for purpose of third party website content or products or services available through third party websites or that third party website content does not infringe the intellectual property rights of any person. Pathfinder Marketing (Pty) Ltd are not authorising or endorsing or otherwise condoning the reproduction of third party website content by linking to it.
3. Pathfinder Marketing (Pty) Ltd expressly disclaims acting in any respect on behalf of third party website operators and / or owners. Please note that third party sites may be subject to their own terms of use and privacy policies different from those of this site.
4. Hyperlinks to the website will be allowed, subject to the following conditions:some text
   1. Submit request to hyperlink by sending us an email to: info@pathfindmedia.com
   2. All hyperlinks to link to the website must link to the home page;
      Pathfinder Marketing (Pty) Ltd cannot be held liable for any damages, expenses or loss of profits as a result of actions or omissions resulted from the utilisation of the website and its contents.
   3. We may change the structure of our website without notifying you so any links you create may become out of date.

9) Software Downloads

1. Software downloads available via links from this website may be third party products. These products may be subject to a license agreement which shall be presented to you. Where no license terms and conditions apply paragraph 5) above will apply in terms of those software.
2. Pathfinder Marketing (Pty) Ltd accepts no liability of whatsoever nature in respect of such third party products and provides no warranty and gives no endorsement in respect of such products or any party connected to them.

10) Privacy Policy

We value your personal information and intend to give you as much control as possible over your personal information. We will manage personal information in accordance with our Privacy Policy: https://www.pathfind.media/legal-pages/privacy-policy

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11) Security

1. It is important that your information or any communication between you and Pathfinder Marketing (Pty) Ltd is dealt with in the most secure manner reasonable possible; Pathfinder Marketing (Pty) Ltd stand under no legal obligation to provide encrypted - services or communications between you and itself. To provide adequate security to all users of the website and compliance with section 86 of the ECT Act you hereby agree to Pathfinder Marketing (Pty) Ltd’s right to intercept, monitor, block, read, delete or accesses all data sent to the website or any other Pathfinder Marketing (Pty) Ltd communication facility, e.g. email or instant messaging applications, subject to the Regulation of Interception of Communications and Provision of Communication related information Act 70 of 2002
2. It is our policy to virus check documents and files before they are posted on this website. However, we cannot guarantee that documents or files downloaded from this website will be free from viruses and we do not accept any responsibility for any damage or loss caused by any virus. Accordingly, for your own protection, you must use virus-checking software when using this website. You must not post or provide to us via this website, any document or file which you believe may contain a virus. You must virus check any document or file which you intend to post or provide to us via this website.

 12) Limitation of Liability

1. IMPORTANT NOTICE: the website and all materials found on the website are intended for information purposes and provided "as is" without any warranty, representation, condition, undertaking, or terms of any kind, express or implied, statutory or otherwise, including without limitation, the warranties of merchantability or fitness for a particular purpose, accuracy or completeness. No client or other user of this website should act or refrain from acting based on any information contained on the website without seeking appropriate legal or other professional advice on the particular facts and circumstances at issue
2. Nothing in this website is to be considered as either creating an agency attorney and client relationship between you and Pathfinder Marketing (Pty) Ltd or as rendering of website legal advice /services for any specific matter. An agency attorney client relationship shall only be formed subsequent to receipt of your communication with heading “Contract new instruction”, your acceptance of our contractclient mandate and acceptance of your instruction by any one of our authorised representatives. Provision of professional services may further be subject to certain client details we may require under the FICA;
3. Pathfinder Marketing (Pty) Ltd, its director and employees exclude liability for any special, direct, indirect or consequential damages or any other damages whatsoever, including loss of profits or data, whether in an action in contract or delict, arising out of the use or performance of the website, even if Pathfinder Marketing (Pty) Ltd have been advised of the possibility of such damages, except to the extent that such liability cannot be excluded by law.
4. Nothing in these terms of use shall exclude our liability to you for fraudulent misrepresentation by us or our employees or for death or personal injury resulting from our negligence or that of our employees.

13) Termination

These Terms and Conditions and your access to the website may be terminated at any time by Pathfinder Marketing (Pty) Ltd without notice. All restrictions, disclaimers and limitations of liability by Pathfinder Marketing (Pty) Ltd will survive termination, however, you will no longer be authorised to access the website.

14) Breach

If you are in breach of the Terms and Conditions of this website, Pathfinder Marketing (Pty) Ltd reserves the right to, without prejudice to any rights which it may have in terms hereof or at law, to:

a) order for specific performance and damages;

b) terminate this Agreement and claim damages;

c) institute criminal procedures where applicable and necessary.

15) Agreement ito Chapter III, Part 2 of the ECT Act

1. Formation and validity of this agreement
   You agree that:some text
   1. these Terms of Use are valid, binding, enforceable, and concluded in Cape Town, the moment you access/view the website;
   2. all information that are incorporated by using hyperlinks and / or other methods of reference form part of this agreement (see section 11(3) ) of the ECT Act);
   3. if any term of this agreement is or becomes illegal, invalid, or unenforceable in any jurisdiction, that shall not affect the legality, validity, or enforceability in that jurisdiction of any other term of this agreement;
2. Time and place of communication, dispatch, and receipt
3. Data messagessome text
   1. Data messages sent from Pathfinder Marketing (Pty) Ltd to you have been sent from Pathfinder Marketing (Pty) Ltd’s place of business (see Contact Us details – Cape Town);
   2. Data messages sent from Pathfinder Marketing (Pty) Ltd to you are deemed to be received when complete message enters an information system (including your information service provider’s information system) designated or used for that purposes by yourself;
   3. Data messages from you to Pathfinder Marketing (Pty) Ltd are deemed to be received by Pathfinder Marketing (Pty) Ltd only when Pathfinder Marketing (Pty) Ltd responds thereto, and for the purposes of this clause an auto-response shall not be a response by Pathfinder Marketing (Pty) Ltd
   4. Such acknowledgement further does not give legal effect to that message, unless specifically indicated by Pathfinder Marketing (Pty) Ltd. that it does give legal effect to the message
4. Expression of intent: For purposes of Electronic Communications between yourself and Pathfinder Marketing (Pty) Ltd no Electronic Signature is required; the mere sending of data messages or browsing of our website demonstrates your intent to be a party to this agreement.
5. Attribution of data messages to originator: You agree and warrant that the data message sent, from any computer or device that are owned by yourself or your employer or programmed by yourself or on your behalf, to Pathfinder Marketing (Pty) Ltd was sent by yourself or a person that had authority to act on your behalf in respect of the data message.

16) Applicable Law and Jurisdiction

This website and any dispute that may arise as a result of using the same shall be governed by law of the Republic of South Africa and enforced by the courts of South Africa.

We recommend you print or save these Terms of Use for record purposes