"COGNITO", "we", "us" and "our" refers to COGNITO LEGAL AL.
"User", "you" and "your" refers to the party that accesses and utilises the Webportal from time to time.
"Webportal" refers to the web portal which runs on a computer or other suitable devices.
These terms of use (“Terms”) will apply to Users who access and utilise the Webportal. The Webportal, related mobi-sites and software applications from time to time that apply when you use our platforms are owned and operated by COGNITO.
When you access the Webportal and click “accept” on the landing page of the Webportal, you agree to and accept all our terms and conditions. Upon your acceptance, these Terms will be binding and enforceable on both parties.
BY CONTINUING TO USE THE WEBPORTAL, YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE, DO NOT USE THE WEBPORTAL.
1. Only registered Users may access and use the Webportal. To register as a user, you must provide a unique username and password and provide certain information and personal details to us. You will need to use your unique username and password to access and use the Webportal.
2. You agree and warrant that your username and password shall:
a. be used for personal use only; and
b. not be disclosed by you to any third party.
3. For security purposes you agree to enter the correct username and password when accessing the Webportal, failing which you will be denied access.
4. You agree that, once the correct username and password relating to your account have been entered, irrespective of whether the use of the username and password is unauthorised or fraudulent, COGNITO will not be responsible for any errors made.
5. You agree to notify us immediately upon becoming aware of or reasonably suspecting any unauthorised access to or use of your username and password and to take steps to mitigate any resultant loss or harm.
6. By using the Webportal you warrant that you (and any other person you grant access/use to) are 18 (eighteen) years of age or older and of full legal capacity. If you/they are under the age of 18 (eighteen) or if you/they are not legally permitted to enter into a binding agreement, then COGNITO will not be liable for any loss associated with this.
7. By using the Webportal you warrant that you (and any other personnel you grant access/use to) are 18 (eighteen) years of age or older and of full legal capacity. If you/they are under the age of 18 (eighteen) or if you/they are not legally permitted to enter into a binding agreement, then COGNITO will not be liable for any loss associated with this.
8. When you register as a User, you will have to create an online profile. This includes selecting a username and password. You will be asked for your credentials (your username and password) every time that you shop online with our Webportal. It is your responsibility to keep your credentials private and secure and to store them in a way that prevents loss or harm.
9. We accept no liability for any damages or losses that you may suffer from the unauthorised use of your profile.
10. When you access the Webportal, you give us your consent to collect and process your personal information, which we have to do in order to (for example) create and manage your account. If you do not wish for us to collect and process your personal information, you should not register as a user. Please refer to our Privacy Policy for more information on how we process, share and protect your personal information and your rights regarding your personal information.
1. All text, graphics, user interfaces, visual interfaces, trademarks, logos, artworks and computer code displayed upon accessing the Webportal (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Webportal is owned, controlled or licensed by or to COGNITO, and is protected by the intellectual property laws of South Africa.
2. Unless expressly provided in these Terms, no part of the Webportal and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, unless we specifically consent in writing.
1. Users may only use the Webportal for purposes stated in the master publishers agreement entered into by the parties.
2. The Webportal will enable the User to upload its own content onto COGNITO’s platforms. Upon the upload, the User will not be able to retract any such content. Should the User require corrections on any of its contents, any such corrections will be published through the push notification section of the COGNITO Portal upon consultation and consent from COGNITO, provided that the consent will not be withheld unreasonably.
3. You agree that you will not in any way use any device, software or other instrument to interfere or attempt to interfere with the proper working of the Webportal. In addition, you agree that you will not in any way use any robot, spider, other automatic device, or manual process to monitor, copy, distribute or modify the Webportal or the information contained herein, without the prior written consent from us.
4. You may not use the Webportal to distribute material which is defamatory, offensive, contains or amounts to hate speech or is unlawful or otherwise.
5. You may not in any way display, publish, copy, print, post or otherwise use the Webportal and/or the information contained therein without the express prior written consent of COGNITO, unless otherwise agreed in terms of any other agreement(s) between you and COGNITO.
We use reasonable efforts to keep the Webportal operational and to provide you with a personalised. However, our service offerings and their availability may change from time to time, without liability to you; for example:
1. The Webportal may experience temporary interruptions due to technical difficulties, maintenance or testing, or updates, including those required to reflect changes in relevant laws and regulatory requirements.
2. We aim to evolve and improve the Webportal. We may add new modify, suspend, or stop (permanently or temporarily) providing all or part of the Webportal (including particular functions, features, subscription plans, and promotional offerings) provided that in the event of permanent suspension, we will provide you with reasonable notice.
COGNITO may update/ amend these Terms by providing you with notice. Should you not accept the revisions, you should stop using the Webportal.