Online Registration Agreement

ONLINE REGISTRATION AGREEMENT

DEFINITIONS

• The LICENSOR – Pfire Storm cc Registration Number 2009/040274/23
• The USER – {Registered Name or Trading Name, Company Registration Number}
• The CLIENT – {Client Name, Surname and ID Number} who is a customer of the USER and who may be required to pay a subscription fee to the LICENSOR as required in terms of this agreement
• The PRODUCT – The Internet based Product known as Pfirestorm and/or Pfireworx subscribed to by the USER and/or by the CLIENT.

1. INTRODUCTION

The following subscription agreement spells out what you, the CLIENT can expect from this PRODUCT, and what the USER may expect from you. If you agree to abide by the terms and conditions set out herein, you should click “Yes” at the end of the contract to acknowledge this binding agreement. This is the legal equivalent of your signature on a written contract, and equally binding. Only by clicking “Yes” will you be able to access and use the PRODUCT.

2. ACCESS AND PRODUCT

• Once you have registered on this PRODUCT, any information you upload or record thereon shall be visible to the USER unless you have specifically designated a file to be private.
• You may unsubscribe to this service at any time using the features and tools available to you once logged into your personal and secure space.

3. SYSTEM RULES

You agree to be bound by certain rules that are important for the proper use of this PRODUCT. Your failure to follow these rules, whether listed in this agreement or in bulletins posted at various points in the PRODUCT from time to time, will result in the deactivation of your registration termination of this Agreement by the USER at their entire discretion. In addition, you must: –

• First, do not tell others your password or let third parties have access to your account. You, the CLIENT acknowledge that any communication or document communicated between you and the USER shall be deemed to have been sent and delivered and both the USER and the CLIENT shall act accordingly.
• Second, do not attempt to log in more than once at the same time on any given account without specific permission from the USER.
• Third, while you should feel free to express yourself, you shall respect other users of the system and shall not attack, injure or prejudice other users.
• Fourth, you may not use the PRODUCT to commit a crime, or to plan, encourage or help others to commit a crime, including crimes relating to information technology, software and/or hardware. No documents that you publish on the system may conflict with the laws of the Republic of South Africa or any other laws relating to Internet usage and generally accepted practices.
• Fifth, you must conform to the Code of Conduct that is expected from all users of the product. The Code of Conduct is to be found on the USER’S website through whom you registered for access to this PRODUCT.

4. PROTECTION OF PERSONAL INFORMATION (POPI)

All CLIENT data (personal information, contact information, communication information, financial information, documentation, and the like), is deemed to be the intellectual property of the USER and the LICENSOR warrants that none of this data (either part of in full) will be used, sold and/or disseminated to any third party in any way whatsoever. The USER shall have full access to all their client data and files and it is incumbent on the USER to ensure that they comply with all the terms of conditions of Protection of Personal Information (POPI) Act
and ensure the protection of their CLIENT and USER DATA at all times.

The LICENSOR warrants that appropriate and ongoing precautions have and continue to be taken to ensure the protection of personal information of the USER, the CLIENT and other personal profiled data having regard to the guiding principles as espoused under the Protection of Personal Information Act (POPI):-

• The processing and access of information is limited and access is only granted with the input of matching usernames with passwords. This ensures that personal information can be obtained in a lawfully and fair manner.
• The information can only be used for the specified purpose it was originally obtained for. The LICENSOR cannot or may not use any personal information for any reason whatsoever save for the development and building of business Intelligence either for the benefit of the LICENSOR and/or the USER from time to time.
• The POPI Act limits the further processing of personal information. The LICENSOR is prohibited contractually from processing any personal information within the PRODUCT save for the inclusion, updating and amending of data from time to time on behalf of or at the instance of the USER under this or other agreement. No processing of any data, other than what has been expressly referred to herein by the LICENSOR takes place for purposes beyond the original scope that was agreed to by USER. Such activities are strictly prohibited.
• The USER/S authorised to processes the information must ensure the quality of the information by taking reasonable steps to ensure that the information is complete, not misleading, up to date and accurate. The LICENSOR accepts no responsibility for the quality of information that may be captured onto the platform whatsoever and it is the USERS express responsibility to ensure that this information is correct. The LICENSOR shall through the PERODUCT maintain an ongoing audit trail of specific data changes to enable authorised USER/S to identify USERS who may amend, update, delete or capture Personal information.
• The LICENSOR has ensured that access to information is safeguarded by forcing USERS to follow and use certain login and password protocols The LICENSOR has ensured that the proper security safeguards and measures to safeguard against loss, damage, destruction and unauthorised or unlawful access or processing of the information, has been put in place. It is incumbent for USERS to ensure that they ensure that their login and password credentials are maintained and changed regularly and protected at all costs.
• The USER and their CLIENTS are able to login (using similar login and password credentials) and participate and access their own personal information to update and/or correct any of their personal information.
• The LICENSOR via the PRODUCT has provided authorised USERS with the tools and ability to monitor audit trails of any changes to any profile of personal information. This enables these authorised USERS to manage, monitor and take appropriate action in need based on the intelligence provided. The PRDUCT, by design, offers authorised USERS to monitor activities, communications, documents and the processing thereof in real time which supports the introduction and monitoring of preventative measures.
• The LICENSOR warrants that the PRODUCT data is hosted within South Africa which is subject to the protection of an appropriate Service Level agreement between the LICENSOR and the Vendor. The USER has the option (subject to the consent of the LICENSOR) to host the data within the USER’S own hosting environment or anywhere else in the world. Should the USER elect to host the data outside of the LICENSOR’S Vendor environment, the USER shall be fully responsible for compliance of all POPI requirements as may be applicable from a hosting partner.

5. PROPRIETARY RIGHTS

• You hereby waive any claim of whatsoever nature and howsoever arising against the LICENSOR for any infringement of any proprietary rights to which you may claim ownership in respect of any document or information that may have entered or have been published via the PRODUCT by you or the USER.

• The LICENSOR owns the intellectual property rights to any and all protectable or un-protectable components of the PRODUCT, including but not limited to the computer software, the related documentation, the end-user interfaces, and the name of the PRODUCT, the individual features, and the collective works consisting of sequences of all public messages on the PRODUCT. You may not reproduce any sequence of messages from the PRODUCT, either electronically or in print, without the LICENSOR’S prior written permission. In addition, you may not copy, modify, adapt, reproduce, translate, distribute, reverse engineer, decompile or dissemble any aspect of the system that the LICENSOR or our suppliers own.

6. LIMITATION OF LIABILITY

Your use of the product is entirely at your own risk. The LICENSOR and the USER will not be responsible to you or any third parties for any direct or indirect, consequential, special or punitive damages or losses you may incur in connection with the PRODUCT, your use thereof or any other data or other materials transmitted through or residing on the PRODUCT, regardless of the type of claim or the nature of the cause of action.

7. INDEMNITY

You hereby indemnify the LICENSOR and the USER and hold the LICENSOR and the USER harmless from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs and expenses, relating to any information or other data that you may extract from the PRODUCT whether such information was compiled by the LICENSOR or the USER.

8. DISCLAIMERS OF WARRANTY

The PRODUCT is provided “as is” and the LICENSOR and the USER make no warranties, express or implied, as to the merchantability, fitness for a particular use or purpose save for which the PRODUCT is intended, title, non-infringement or any other warranty, condition, guaranty or representation whether oral, in writing or in electronic form, including but not limited to the accuracy or completeness of any information contained therein or provided by the product.

9. LAW

You agree that this Agreement shall for all purposes be governed by and construed in accordance with the laws of the Republic of South Africa.

11. VARIATIONS, RELAXATIONS AND INDULGENCES

No addition to, variation or consensual cancellation of this agreement shall be of any force or effect unless in writing and signed by or on behalf of the party. No indulgence which any party (the “grantor”) may grant to the other (the “grantee”) shall prejudice or constitute a waiver of the rights of the grantor, who shall not thereby be precluded from exercising any rights against the grantee which may have arisen in the past or might arise in the future.

12. ENTIRE AGREEMENT

This agreement contains all the terms and conditions of the agreement between the LICENSOR, the USER and the CLIENT.

13. DISPUTE RESOLUTION

All disputes, differences, impasses or deadlocks between the LICENSOR and the CLIENT arising out of this agreement including an alleged breach, shall be referred to arbitration. The Arbitrator shall be a person agreed upon between the LICENSOR and the CLIENT and failing agreement, a person nominated by the President of the Natal Law Society from time to time and such person will not necessarily be a lawyer. The Arbitration shall be held in Durban or at such other place as may be agreed upon unanimously by the parties. The Arbitration shall be held upon such terms as the arbitrator shall in his discretion decide but it is recorded that the parties intend such arbitration to be held as informally and as expeditiously as possible. The decision of the arbitrator shall be final and binding upon the parties and he shall also be entitled to stipulate who shall pay the costs including his costs of the arbitration. Any party to the arbitration proceedings shall be entitled to have such award made an order of Court.

14. DISCLOSURE IN TERMS OF SECTION 43(1) OF THE ELECTRONIC COMMUNICATIONS AND TRANSACTIONS ACT NO. 25 OF 2002

LICENSOR full name: PFIRE STORM CC

Legal Status: Close Corporation

Address: 21 Alexander Drive, Winston Park, 3610

Telephone Number: (031) 7644 090

The LICENSOR site Address: http://www.pfirestorm.co.za

E-mail: info@pfirestorm.co.za

CK No. 2009/040274/23

Members MS Lombard, GD Hopkins, S Taylor and GC Hopkins

The security and privacy features of this product can be viewed on the website at www.pfirestorm.co.za. Access to this PRODUCT is provided instantly upon successful registration to this PRODUCT. Your registration shall remain in force until you unsubscribe to this service or are de-activated by the USER. Should the USER AGREEMENT between the USER and the LICENSOR be terminated for any reason whatsoever, your access to this PRODUCT will cease with immediate affect. Should you require access to any document or information, such requests must be directed to the USER.

10. ACKNOWLEDGMENT

This Agreement represents the entire agreement between the LICENSOR, the USER and you regarding the use of and access to this PRODUCT and supersedes any prior statements or representations. If you agree to be bound by the terms of this on line agreement, please click the “Yes” button below. If you do not agree to the terms of this Online Registration Agreement, please click the “No” button and exit the Registration process.