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Terms of Use

TERMS AND CONDITIONS

These terms and conditions govern your use of our Web Application, Mobile Application and the Services made available through it by InsightSec.
It is strongly advised that you read these terms and conditions carefully before you browse, access and/or use the Web Application and/or Mobile Application and use the available Services.
By browsing, accessing and/or using the Web Application, Mobile Application and by using the Services made available through it, you acknowledge that you have read these terms and conditions and agree to be bound by and comply with it.

INTERPRETATION

In these terms and conditions, unless inconsistent with or otherwise indicated by the context, the following words and expressions shall have the meanings set out opposite them –
InsightSec”, “we“, “our” and “us” refers to InsightSec (Pty) Ltd, registration number 2018 / 256028 / 07, a private company duly incorporated in accordance with the company laws of the Republic of South Africa, with its registered office at Pendoring Office Park 299, Pendoring Road, Blackheath, Randburg, Gauteng, 2195.
 “Law” the common law and any applicable Constitutional provision, statute, by-law, proclamation, regulation, rule, notice, treaty, directive, code of practice, charter, judgement or order having force of law in the RSA, and any interpretation of any of them by any court or forum of law;
Services” refers to services for managing data, displaying data and to determine the correct recommendation for each field, and tools provided by InsightSec through the Web Application and/or Mobile Application (or via any other electronic or other communication from InsightSec).
RSA” means the Republic of South Africa;
Web Application and/or Mobile Application” means the Web Application known as Foresight:Security and the mobile application known as the Foresight:Mobile application; and
you” and “your” and “user” refers to the user of the Web Application and/or Mobile Application and/or the Services made available through it.

GENERAL ISSUES ABOUT THE WEB APPLICATION AND/OR MOBILE APPLICATION AND SERVICES

The Web Application and/or Mobile Application as well as the Services are directed solely at those who access same from RSA. InsightSec makes no representations or warranties that the Web Application, Mobile Application and/or the Services are available or otherwise suitable for use outside of RSA. If you choose to browse, access and/or use the Web Application and/or Mobile Application and the Services from locations outside RSA, you do so at our own risk and accordingly you are responsible for the consequences and compliance with any and all applicable law.

CONTENT AND MATERIAL

By utilising the Services made available through the Web Application and/or Mobile Application or otherwise using any communications services or other interactive services that may be available to you on or through it, you agree that you will not upload, post or otherwise distribute or facilitate distribution of any content or material, including text, communications, software, images, sounds, data or other information, that –
  • violates any Law;
  • is threatening, abusive, harassing, defamatory, libellous, deceptive, fraudulent, invasive of another’s privacy, contains explicit or graphic descriptions or accounts of sexual acts or sexual language, racially or ethnically offensive, discriminatory, insulting, slanderous or otherwise illegal or indecent;
  • is false and misleading;
  • infringes on any patent, trademark, trade secret, copyright, or other propriety, publicity or privacy rights of any third party or otherwise violates any such third party’s rights;
  • constitutes unauthorized or unsolicited advertising, “junk mail”, “spam”, “chain letters”, “pyramid schemes” or any other form of solicitation;
  • distributes viruses or any other technologies that may harm InsightSec or the interests or property of InsightSec users;
  • impersonates any person or entity, including any agent, representative or employee of InsightSec;
  • constitutes the modification or distribution of another user’s content and/or material without its consent; and/or
  • constitutes the harvesting or collection of another user’s personal information, including its e-mail address, without its consent.
  • You are solely responsible for all content and material that you submit on the Web Application and/or Mobile Application and any consequences that may result from your upload or post. InsightSec reserves the right, at its sole discretion, to refuse, delete or take-down content or material that InsightSec believes is inappropriate or breaching the above terms and conditions, but is not obliged to do so.
  • InsightSec would like to be notified by e-mail of any objectionable or unauthorised use of content and material and any potential violations of the above terms and conditions at support@foresight-security.co.za

DISCLAIMER OF WARRANTY

You expressly acknowledge and agree that the Web Application, Mobile Application and the Services are supplied on an “as is" or “as available” basis and you hereby agree that the Web Application, Mobile Application and the Services are used at your own risk without any warranties whatsoever. The Web Application and/or Mobile Application have not been compiled or supplied to meet your individual requirements. It is your sole responsibility to satisfy yourself that the Services available therein will meet your individual requirements and will be compatible with your hardware and/or software.
All express and implied warranties, including, without limitation to, the warranties of merchantability, fitness for a particular purpose, and non-infringement of any intellectual property rights are expressly disclaimed to the fullest extent permitted by Law.
All express and implied warranties (if any) obtained herein, in connection with the Web Application and/or Mobile Application, the Services and the use and access thereof are expressly disclaimed to the fullest extent permitted by Law.
InsightSec makes no representations or warranties, implied or otherwise, that, amongst others, the content, material and technology available from the Web Application and/or Mobile Application, or any third-party Web Applications linked to the Web Application and/or Mobile Application, are free from errors or omissions or that the Services will be completely uninterrupted, error free, complete and accurate. We encourage you to report any possible malfunctions and errors to us at support@foresight-security.co.za
InsightSec makes no representations or warranties, implied or otherwise, that the Web Application and/or Mobile Application are free from viruses or other harmful components which may have a harmful effect on any technology.
Information, ideas, opinions, statements, recommendations, and/or the like expressed on the Web Application and/or Mobile Application should not be regarded as professional advice or the official opinion of InsightSec unless the contrary is expressly indicated. InsightSec does not endorse, warrant, guarantee or assume responsibility for any content, material, opinion, statement, recommendation or advice made available through the Web Application, Mobile Application and/or the Services by the users or any third party Web Application linked to this Web Application and/or Mobile Application.
Furthermore, neither InsightSec nor any of its agents, representatives or employees assume any liability or responsibility for any –
  • errors, omissions, mistakes and inaccuracies posted, transmitted or otherwise communicated on or through the Web Application and/or Mobile Application, the Services, and the content or material posted by users;
  • errors, omissions, mistakes and inaccuracies on any third-party Web Applications linked to the Web Application and/or Mobile Application;
  • unauthorized access to or use of the Web Application and/or Mobile Application and the Services and any personal information or financial information stored therein;
  • interruption or cessation of transmission to or from the Web Application, Mobile Application and the Services; and
  • bugs, viruses, trojan horses or the like which may be transmitted to or through the Web Application and/or Mobile Application by any third party.

INDEMNITIES

You indemnify and shall keep InsightSec indemnified at all times against direct losses sustained by you due to any loss of or damage to property, claim in respect of the death or personal injury of any individual, or any other claim, action, charge, cost, demand or expense, including without limitation, all legal fees and costs arising as a result of any material breach of these terms and conditions or your use and access to the Web Application and/or Mobile Application and the Services, provided that the indemnification of InsightSec by you does not apply to instances where the liability which is indemnified arose as a result of the wilful conduct or gross negligence of InsightSec.

LIMITATION OF LIABILITY

Neither InsightSec nor any of its agents, representatives or employees shall be liable for any special, indirect, incidental or consequential damages, loss or liability of whatever nature arising from the use or inability to use any Services on the Web Application and/or Mobile Application, including without limitation to, any and all damages or loss which arise from the use, misuse of or inability to use the Web Application, Mobile Application and/or Services, or the interruption, suspension, modification , alteration, or termination of the Web Application, Mobile Application and/or Services. Such limitation of liability shall also apply with respect to damages incurred by reason of other services or products received in connection with the Web Application, Mobile Application and/or the Services or any third party Web Applications linked to the Web Application and/or Mobile Application, as well as by reason of any content, material, statement, recommendation, information, opinions, advice and/or the like on or received by users through the Web Application, Mobile Application and/or the Services or any third party Web Applications linked to the Web Application and/or Mobile Application. These limitations shall apply to the fullest extent permitted by Law.

USER CONDUCT

You may only use the Web Application and/or Mobile Application and the Services, if –
  • you are 18 years or older and have the legal capacity to conclude binding agreements or if you are under 18 years old, have the prior consent of your parents or legal guardians;
  • you agree to use the Web Application, Mobile Application and/or the Services for lawful purposes and you agree not to store on your computer in any manner, print copies or extracts from the Web Application and/or Mobile Application, modify or re-use the text or graphics from the Web Application and/or Mobile Application, save for personal and non-commercial use, without the prior written consent of InsightSec;
  • you agree to only upload, post, transmit, distribute or communicate content or material that is your own or otherwise permitted to upload, post, transmit, distribute or communicate;
  • you agree not to impersonate any person or entity, including any agent, representative or employee of InsightSec;
  • you intend on creating a user account, you agree that you will only create one user account per platform, provide your full name and a valid e-mail address at which we will be able to contact you as well as comply with any other steps required in order to sign up for a user account;
  • you agree to keep your login details to your user account secure, which includes, but is not limited to, not disclosing your login details to anyone else or allowing some else to use your login details or user account;
  • you accept full responsibility for the activities carried out by the use of your user account;
  • you agree not to decompile or disassemble the Services or circumvent, deactivate or otherwise interfere with any technological measure or security-related feature of the Web Application, Mobile Application and/or Services; and
  • you agree not to harvest or collect another user’s personal information, including its e-mail address, without its consent.
    INTELLECTUAL PROPERTY
All intellectual property rights, whether capable of registration or not, not yet registered or the registration is pending, including all the works, copyrights, patents, trademarks, trade names and databases on the Web Application, Mobile Application and/or the Services (including but not limited to, software, text, graphics, icons, hyperlinks and designs) shall remain the exclusive and sole property of InsightSec and are protected from infringement by Law.
All the intellectual property rights of users in and to the content or material using the Services shall remain their exclusive and sole property.

Subject to the rights afforded to you herein, all other rights to all intellectual property on the Web Application and/or Mobile Application are expressly reserved.

COOKIES

When you interact with our Services, InsightSec uses cookies to store information each and every time you visit the Web Application and/or Mobile Application or interact with our Services. By accepting these terms and conditions, you consent to InsightSec using cookies in accordance with the Privacy Policy which can be found at: https://foresight-security.co.za/legal/privacy-policy

THIRD PARTY LINKS

In an attempt to provide increased value to our users, we may provide links of other Web Applications or resources on the Web Application and/or Mobile Application of any nature whatsoever. Users acknowledge and agree that InsightSec is not responsible for the availability of such external Web Applications or resources.
Hyperlinks provided on the Web Application and/or Mobile Application to other Web Applications are provided “as is” or “as available” and InsightSec does not necessarily agree with, edit or sponsor the content or material on such third-party Web Applications.

MODIFICATION

InsightSec expressly reserves the right, in its sole and absolute discretion, to add or remove features on the Web Application and/or the Mobile Application and/or to discontinue Services as it deems fit.
InsightSec expressly reserves the right, in its sole and absolute discretion, to modify or withdraw, temporarily or permanently, the Web Application and/or the Mobile Application with or without prior notice to users and you confirm that InsightSec shall not be liable to you or any third party for any modification or withdrawal of the Web Application and/or Mobile Application.
InsightSec may, in its sole and absolute discretion, change these terms and conditions governing the use of the Web Application, Mobile Application and Services and any associated policy or related document at any time with or without prior notice to users. Continued use of the Web Application and/or Mobile Application and/or any Services made available through it will be deemed to constitute acceptance of the amended terms and conditions and you understand and agree that you are consequently solely responsible for reviewing these terms and conditions from time to time.

PRIVACY

When you sign up or register for a user account, you provide personal identifiable information to us. By accepting these terms and conditions you consent to InsightSec using the data collected in accordance with our Privacy Policy which is published at: https://foresight-security.co.za/legal/privacy-policy

PAYMENT

The use of the Web Application and Mobile Application is subject to the license fee payable as per the quote provided prior to sighing up for the use.
InsightSec reserves the right to, at its sole and absolute discretion, charge any fee, cost or charge for the use of the Web Application, Mobile Application and/or Services. We will notify you either by e-mail or by noting such changes on the Web Application and/or Mobile Application. Continued use of the Web Application, Mobile Application and/or Services shall be an acceptance of the fees, costs or charge by you.

MONITORING

InsightSec has the right, to monitor connectivity with the Web Application installed on the users premises to determine if the

SEVERABILITY

These terms and conditions constitute the entire agreement between InsightSec and you as the user of the Web Application and/or Mobile Application. Any failure by InsightSec to exercise or enforce any right or provision of these terms and conditions shall in no way constitute a waiver of such right or provision.
In the event that any terms or condition of the use of the Web Application and/or Mobile Application and/or the Services is not fully enforceable or valid for any reason, such term(s) or condition(s) shall be severable from the remaining terms and conditions. The remaining terms and conditions shall not be affected by such unenforceability or invalidity and shall remain enforceable and applicable.

GOVERNING LAW

The Web Application and/or Mobile Application are hosted, controlled and operated from RSA and therefore governed by its Law.

DISPUTES

In the event of any dispute of any nature whatsoever on any matter provided for in, or arising out of, these terms and conditions, the Law will apply and the appropriate courts of RSA will have jurisdiction.

TERMINATION

You may terminate your user account at any time.
Should you in any way breach any of these terms and conditions, InsightSec reserves the right, at its sole and absolute discretion, to –
  • suspend your use of the Web Application and/or Mobile Application as well as the Services made available through it, either in whole or in part;
  • restrict your use of the Web Application and/or Mobile Application as well as the Services made available through it, either temporarily or permanently; or
  • terminate your user account and your use of the Web Application and/or Mobile Application as well as the Services made available through it.
InsightSec will also terminate any unconfirmed accounts or accounts that are inactive for an extended period of time.
You agree that should your use of the Web Application and/or Mobile Application as well as the Services made available through it, be suspended, restricted or terminated for any reason whatsoever, all of your content or material will no longer be accessible.