1. Website terms and conditions of use
1.1. This document sets out the terms and conditions (“Terms”) of Livingfacts Proprietary Limited
Endaweni Executive Office Suites, Ballyclare Place, 14 Ballyclare Drive, Bryanston registration
number 2014/114491/07 (“Livingfacts”) pertaining to the access and use of the information,
products, services and functions provided on www. http://livingfacts.co.za (“Website”).
1.2. Should any person that accesses the Website you (“you” or “user”) disagree with any of the
Terms, you must refrain from accessing the Website and/or using our services.
1.3. If you are under the age of 18, you must obtain your parents’ or legal guardians’ advance
authorization, permission and consent to be bound by these Terms before purchasing any
products or services.
1.4. Livingfacts reserves the right, in its sole discretion, to amend and/or replace any of, or the
whole of, the Terms. Such amendments shall supersede and replace any previous Terms and
shall be made available on the Website. Each time a user accesses the Website and/or uses
the services, the user shall be deemed to have consented, by such access and/or use, to the
Terms, as amended and/or replaced by Livingfacts from time to time. If you are not satisfied
with the amended Terms, you should refrain from using the Website.
1.5. We will however give you prior notice where we have collected personal information from
you and the purpose for which we collected that information, is affected by the intended
1.6. If there is anything in these Terms that you do not understand then please contact us as
soon as possible – see contact details at the bottom of page. Please note that calls to us are
charged at national rates and may be monitored for training, security and quality assurance
2. Content of the website
2.1. Livingfacts reserves the right to make improvements, to change or to discontinue, without
notice, any aspect or feature of the Website and any information or content on the Website.
2.2. Livingfacts reserves the right to change and amend the products, approaches or information
quoted on this Website from time to time without notice.
2.3. Livingfacts may use the services of third parties to provide information on the Website.
Livingfacts has no control over this information and makes no representations or warranties
of any nature as to its accuracy, appropriateness or correctness. The user agrees that such
information is provided “as is” and that Livingfacts and its online partners shall not be liable
for any losses or damages that may arise from the user’s reliance on it, howsoever these may
2.4. Livingfacts makes no representations or warranties, whether express or implied, as to the
accuracy, completeness or reliability of any information, data and/or content on the Website,
including without limitation:
2.4.1. Livingfacts does not warrant that the Website or information or downloads shall be
error-free or that they shall meet any particular criteria of performance or quality.
Livingfacts expressly disclaims all implied warranties, including without limitation,
warranties of merchantability, fitness for a particular purpose, non-infringement,
compatibility, security and accuracy;
2.4.2. whilst Livingfacts has taken reasonable measures to ensure the integrity of the
Website and its contents, no warranty, whether express or implied, is given that any
files, downloads or applications available via this Website are free of viruses, or any
other data or code which has the ability to corrupt, damage or affect the operation
of the user’s system; and
2.4.3. Livingfacts disclaims any responsibility for the verification of any claims. Information
published on this Website may be done so in the format in which Livingfacts
receives it and statements from external parties are accepted as fact.
3. Linked third party websites and third party content
3.1. Livingfacts may provide links to third party websites on the Website. These links are provided
to the user for convenience purposes only and Livingfacts does not endorse, nor does
the inclusion of any link imply Livingfacts’s endorsement of, such websites, their owners,
licensees or administrators or such websites’ content or security practices and operations.
3.2. While Livingfacts tries to provide links only to reputable websites or online partners,
Livingfacts cannot accept responsibility or liability for the information provided on other
websites. Linked websites or pages are not under, nor subject to, the control of Livingfacts.
Livingfacts is not responsible for and gives no warranties or makes any representations in
respect of the privacy policies or practices of linked or any third party or advertised websites
on the Website.
3.3. You agree that Livingfacts shall not be held liable, directly or indirectly, in any way for the
content, the use or inability to use or access any linked website or any link(s) contained in
a linked website, nor for any loss or damage of any sort incurred as a result of any dealings
with, or as the result of the presence of such third party linked websites on the Website. Any
dealings that you may have with any linked websites, including advertisers, found on the
Website, are solely between you and the third party website.
4. Usage restrictions
The user hereby agrees that it shall not itself, nor through a third party:
4.1. copy (other than for backup, archival or disaster recovery purposes), reproduce, translate,
adapt, vary, modify, lease, licence, sub-licence, encumber or in any other way deal with any
part of the Website for any reason and in any manner, unless it is consistent with the intent
and purpose of these Terms;
4.2. decompile, disassemble or reverse engineer any portion of the Website;
4.3. write and/or develop any derivative of the Website or any other software program based on
4.4. modify or enhance the Website. In the event of a user effecting any modifications or
enhancements to the Website in breach of this clause, such modifications and enhancements
shall be the property of Livingfacts;
4.5. without Livingfacts’s prior written consent, provide, disclose, divulge or make available to or
permit the use of or give access to the Website by persons other than the user;
4.6. remove any identification, trademark, copyright or other notices from the Website;
4.7. post or transmit, by means of reviews, comments, suggestions, ideas, questions or other
information through the Website, any content which is unlawful, harmful, threatening,
abusive, harassing, defamatory, vulgar, obscene, sexually-explicit, profane or hateful, or
gender-biased, racially, ethnically or otherwise objectionable content of any kind; and/or
4.8. notwithstanding anything contained to the contrary in these Terms, use the Website for any
purpose other than personal, non-commercial and information purposes.
5.1. In order to ensure the security and reliable operation of the services to all Livingfacts’s users,
Livingfacts hereby reserves the right to take whatever action it may deem necessary to
preserve the security, integrity and reliability of its network and back-office applications.
5.2. You may not utilise the Website in any manner which may compromise the security of
Livingfacts’s networks or tamper with the Website in any manner whatsoever, which shall
include without limitation, gaining or attempting to gain unauthorised access to the Website,
or delivering or attempting to deliver any unauthorised, damaging or malicious code to the
Website, all of which is expressly prohibited. Any person or entity which does so, or attempts
to do so, shall be held criminally liable. Further, should Livingfacts suffer any damage or loss,
civil damages shall be claimed by Livingfacts against the user.
5.3. Any user who commits any of the offences detailed in Chapter 13 of the Electronic
Communications and Transactions Act 25 of 2002 (“ECTA”) (specifically sections 85 to 88
(inclusive)) shall, notwithstanding criminal prosecution, be liable for all resulting liability, loss
or damages suffered and/or incurred by Livingfacts and its affiliates, agents and/or partners.
6. Intellectual property rights
6.1. For the purpose of this clause, the following words shall have the following meanings
ascribed to them:/span>
6.1.1. “Intellectual property rights” means all and any of the rights in and to intellectual
property of any nature whatsoever owned and/or controlled directly or under
licence by Livingfacts, now or in the future, including without limitation, Livingfacts’s
rights, title and interest in and to all technology, source code/s, trade secrets, logos,
systems, methods, trademarks, trade names, styles, insignia, designs, patents and
copyright, and all similar proprietary rights which may subsist in any part of the
world, whether registered or not.
6.2. All copyright and other intellectual property rights in all content, trademarks, software,
data, material, including logos, databases, text, graphics, icons, hyperlinks, confidential
information, designs, agreements, and multimedia works, published on or via the Website
(“proprietary material”), are the property of, or are licensed to, Livingfacts and as such are
protected from infringement by local and international legislation and treaties.
6.3. By submitting reviews, comments and/or any other content (other than your personal
information) to Livingfacts for posting on the Website, you automatically grant Livingfacts
and its affiliates a non-exclusive, royalty-free, perpetual, irrevocable right and licence to use,
reproduce, publish, translate, sub-license, copy and distribute such content in whole or in
part worldwide, and to incorporate it in other works in any form, media, or technology now
known or hereinafter developed, for the full term of any copyright that may exist in such
content. Subject to this licence, you retain any and all rights that may exist in such content.
6.4. All rights not expressly granted are reserved and no right, title or interest in any proprietary
material or information contained in this Website is granted to you.
6.5. Except with Livingfacts’s express written permission, no proprietary material from this
Website may be copied or retransmitted.
6.6. Irrespective of the existence of copyright, the user acknowledges that Livingfacts is the
proprietor of all material on the Website (except where a third party is indicated as the
proprietor), whether it constitutes confidential information or not, and that the user has no
right, title or interest in any such material.
6.7. Livingfacts authorises you only to view, copy, temporarily download to a local drive and to
print the content of this Website, or any part thereof, provided that such content is used
for personal purposes and for information purposes only, and such content is used for
7. Risk, limitation of liability and indemnity
7.1. The user’s use of this website and the information contained on the website is entirely at the
user’s own risk and the user assumes full responsibility and risk of loss resulting from the use
7.2. The transmission of information via the internet, including without limitation e-mail, is
susceptible to monitoring and interception. The user bears all risk of transmitting information
in this manner. Under no circumstances shall Livingfacts be liable for any loss, harm, or
damage suffered by the user as a result thereof. Livingfacts reserves the right to request
independent verification of any information transmitted via e-mail and the user consents to
such verification should Livingfacts deem it necessary.
7.3. To the extent permissible by law:
7.3.1. Neither Livingfacts, its affiliates, shareholders, agents, consultants or employees
shall be liable for any damages whatsoever, including without limitation any direct,
indirect, special, incidental, consequential or punitive damages, howsoever arising
(whether in an action arising out of contract, statute, delict or otherwise) related
to the use of, or the inability to access or use the content of the website or any
functionality thereof, or the information contained on the website, or of any linked
website, even if Livingfacts knows or should reasonably have known or is expressly
7.3.2. The liability of Livingfacts for faulty execution of the website as well as all damages
suffered by the user, whether direct or indirect, as a result of the malfunctioning
of the website shall be limited to Livingfacts rectifying the malfunction, within a
reasonable time and free of charge, provided that Livingfacts is notified immediately
of the damage or faulty execution of the website. This liability shall fall away and be
expressly excluded if the user attempts to correct or allows third parties to correct
or attempt to correct the website without the prior written approval of Livingfacts.
However in no event shall Livingfacts be liable to the user for loss of profits or
for special, incidental, consequential or punitive losses or damages arising out of
or in connection with the website or its use or the delivery, installation, servicing,
performance or use of it in combination with other computer software.
7.3.3. You hereby unconditionally and irrevocably indemnify Livingfacts and agree to hold
Livingfacts free from all loss, damages, claims and/or costs, of whatsoever nature
suffered or incurred by Livingfacts or instituted against Livingfacts as a direct or
indirect result of:
126.96.36.199. your use of the website;
188.8.131.52. software, programs and support services supplied by, obtained by or
modified by you or any third party without the consent or knowledge of
184.108.40.206. your failure to comply with any of the terms or any other requirements
which Livingfacts may impose from time to time;
220.127.116.11. the actions or requirements of any telecommunications authority or a
supplier of telecommunications services or software; or
18.104.22.168. any unavailability of, or interruption in, the service which is beyond the
control of Livingfacts.
7.4. Livingfacts makes no warranty or representation as to the availability, accuracy or
completeness of the content of the website. You expressly waive and renounce all your rights
of whatever nature that you may have against Livingfacts for any LOSS suffered by you, as a
result of information supplied by Livingfacts being incorrect, incomplete or inaccurate.
forms part of these Terms. Livingfacts takes your privacy seriously and is committed to
protecting your personal information. We use the personal information that we collect from
8.2. Personal information when used in this Policy means information that can identify you as an
individual or is capable of identifying you. By personal information we don’t mean general,
statistical, aggregated or anonymised information.
8.3. By using our services you consent to us collecting and using your personal information as
8.4. What information we collect about you
Information you give us. When you submit inquiries, request information or give us feedback
on or in relation to this Site, we will ask you for the relevant personal information like your
name, postal address, telephone number, and email address. We may also ask you to provide
other information in connection with your request, such as your location and industry, your
company, title, your preferred means of communication, as well as other information.
Information from your use of this Site. We may automatically receive information when you
visit our Site. This includes information about your Internet Protocol (IP) address, browser
information, information collected through cookies, pixel tags, and other technologies, the
date and time of your visit, and the web page you have visited immediately prior to visiting
8.5. How we collect information about you
Livingfacts will only collect personally identifiable data of web site users, such as your name,
title, phone number or email address, when it is voluntarily submitted to us at this Web site.
We also collect non-personally identifiable information via various tracking utilities such as log
files, cookies and web beacons.
8.6. How we use your information
We may use the information you voluntarily give us:
- To respond to your inquiries and fulfill your requests.
- To send you important information regarding the Site, changes to our terms,
conditions, and policies and/or other administrative information.
- To send you commercial communications that we believe may be of interest to you.
- For our business purposes, such as data analysis, audits, developing new products,
enhancing our Site, improving our services, identifying usage trends and determining the
effectiveness of our communications.
We may use the information we receive from your use of this Site in the following ways:
- Your IP address: Your “IP Address” is a number that is automatically assigned to the
computer that you are using by your Internet Service Provider (ISP). An IP Address is
identified and logged automatically in our server log files whenever a user visits the Site,
along with the time of the visit and the page(s) that were visited. Collecting IP Addresses
is standard practice on the Internet and is done automatically by many web sites.
We use IP Addresses for purposes such as calculating Site usage levels, helping diagnose
server problems, and administering the Site. We may also use and disclose IP Addresses
for all the purposes for which we use and disclose personal information. Please note that
we treat IP Addresses, server log files and related information as non-personal information,
except where we are required to do otherwise under applicable law.
- Your browser: Certain information is collected through most browsers, such as your Media
Access Control (MAC) address, computer type (Windows or Macintosh), screen resolution,
operating system version and Internet browser type and version.
- Cookies: Cookies allow a web server to transfer data to a computer for record keeping
and other purposes. Both session and persistent cookies may be used in connection with
the Site. These cookies are used for security purposes, to facilitate navigation, to display
information more effectively, and to better serve you with more tailored information,
information about the usage of the Site in order to continually improve the design and
functionality, to understand how users use the Site, and to assist us with resolving
questions regarding the Site.
8.7. How long do we keep your information for?
The time periods for which we keep your information may vary according to the use or
purpose attached to the information. Unless there is a specific legal requirement requiring
us to keep your information, however, we will not keep it for longer than necessary for the
purpose for which the information was collected or for which it is to be processed.
8.8. Disclosing your information to third parties
We may disclose your information:
- To other members of the Cognition group of companies for the purposes described in this
- To our third party service providers who provide services such as website hosting, data
analysis, infrastructure provision, IT services, customer service, email delivery services,
credit card processing, auditing services and other similar services to enable them to
- To identify you to anyone to whom you send messages through the Site. By you, on
message boards, chat, profile pages and blogs and other services to which you are able
to post information and materials. Please note that any information you post or disclose
through these services will become public information, and may be available to visitors
to the Site and to the general public. We urge you to be very careful when deciding to
disclose your personal information, or any other information, on the Site.
- To a third party in the event of any reorganization, merger, sale, joint venture, assignment,
transfer or other disposition of all or any portion of our business, assets or stock (including
in connection with any bankruptcy or similar proceedings).
- As we believe to be necessary or appropriate: (a) under applicable law; (b) to comply with
legal process; (c) to respond to requests from public and government authorities including
public and government authorities outside your country of residence; (d) to enforce
our terms and conditions; (e) to protect our operations or those of any of our affiliates;
(f) to protect our rights, privacy, safety or property, and/or that of our affiliates, you or
others; and (g) to allow us to pursue available remedies or limit the damages that we may
and further details about cookies can be found by visiting www.aboutcookies.org It is possible
for you to delete ‘cookies’ or to prevent their use by adjusting the browser settings on your
computer. A session is defined as the period of time that a unique user interacts with a Web
application. Active Server Pages (ASP) developers who wish to retain data for unique user
sessions can use an intrinsic feature known as session state. Further details about session
can be found by visiting http://msdn.microsoft.com/en-us/library/ms178581(v=vs.100).aspx
8.10. How can you refuse or opt out of cookies?
To learn more about cookies, please visit http://www.allaboutcookies.org/ located outside the
Site. To opt out of being tracked by Google Analytics across all websites, visit http://tools.
google.com/dlpage/gaoptout located outside the Site. Pixel tags, web beacons, clear GIFs
or other similar technologies: These may be used in connection with some Site pages and
HTML-formatted email messages to, among other things, track the actions of Site users and
email recipients, measure the success of our communications and compile statistics about
Site usage and response rates.
8.11. How can you manage your privacy preferences?
If you no longer want to receive electronic newsletters, marketing communications, and other
communications related to other products or services offered by us, you can click on the
“unsubscribe” link available in each email or contact us and request to be removed from our
If you would like to review, correct, update, suppress, or otherwise limit our use of your
personal information that has been previously provided to us you may contact us.
9.1. By subscribing as a user, you agree that you shall hold in the strictest confidence and not
disclose to any third party information acquired in connection with any aspect of the products
and/or services offered by Livingfacts. You shall notify Livingfacts should you discover any
loss or unauthorised disclosure of the information.
9.2. Any information or material sent to Livingfacts will be deemed not to be confidential, unless
otherwise agreed in writing by the user and Livingfacts.
10. Breach or cancellation by Livingfacts
10.1. Livingfacts is entitled without notice, in addition to any other remedy available to it at law
or under these Terms, including obtaining an interdict, to cancel these Terms, limit or deny
such user use of the Website and services, or to claim specific performance of any obligation
whether or not the due date for performance has arrived, in either event without prejudice to
Livingfacts’s right to claim damages, should any user:
10.1.1. breach any of these Terms;
10.1.2. in the sole discretion of Livingfacts, use the Website in an unauthorised manner; or
10.1.3. infringe any statute, regulation, ordinance or law.
10.2. Breach of these Terms entitles Livingfacts to take legal action without prior notice
to the user and the user agrees to reimburse the costs associated
11. Compliance with laws
You shall comply with all applicable laws, statues, ordinances and regulations pertaining to
your use of and access to this Website.
Except as explicitly stated otherwise, any notices shall be given by email to info@livingfacts.
co.za or to the e-mail address you have provided to Livingfacts (in your case), or such
other address that has been specified. Notice shall be deemed given 48 (forty eight) hours
after an email is sent, unless the sending party is notified that the email address is invalid.
Alternatively, Livingfacts may give you notice by registered mail, postage prepaid and return
receipt requested, to the address which you have provided to Livingfacts. In such case, notice
shall be deemed given 7 (seven) days after the date of mailing. You acknowledge that all
agreements, notices or other communication required to be given in terms of the law or these
Terms may be given via electronic means and that such communications shall be “in writing”.
Notwithstanding anything to the contrary, a written notice or communication actually received
by a party shall be an adequate written notice or communication to it, notwithstanding that it
was not sent to or delivered at its chosen address(es) for that purpose.
13. General clauses
13.1. These Terms shall be governed in all respects by the laws of the Republic of South Africa as
such laws are applied to agreements entered into and to be performed within South Africa.
13.2. This Website is controlled, operated and administered by Livingfacts from its offices within
the Republic of South Africa. Livingfacts makes no representation that the content of the
Website is appropriate or available for use outside of South Africa. Access to the Website
from territories or countries where the content of the Website is illegal is prohibited. Users
may not use this Website in violation of South African export laws and regulations. If the
user accesses this Website from locations outside of South Africa, that user is responsible for
compliance with all local laws.
13.3. Livingfacts does not guarantee continuous, uninterrupted or secure access to our services, as
operation of our Website may be interfered with as a result of a number of factors which are
outside of our control.
13.4. If any provision of these Terms is held to be illegal, invalid or unenforceable for any reason,
such provision shall be struck out from these Terms and the remaining provisions shall be
enforced to the full extent of the law.
13.5. Livingfacts’s failure to act with respect to a breach by you or others does not constitute a
waiver of our right to act with respect to subsequent or similar breaches.
13.6. You shall not be entitled to cede your rights or assign your rights or delegate your obligations
in terms of these Terms to any third party without the prior written consent of Livingfacts.
13.7. No party shall be bound by any express or implied term, representation, warranty, promise or
the like not recorded herein, whether it induced the contract and/or whether it was negligent
13.8. The head notes to the paragraphs to these Terms are inserted for reference purposes only
and shall not affect the interpretation of any of the provisions to which they relate.
13.9. Words importing the singular shall include the plural and vice versa, and words importing
the masculine gender shall include females and words importing persons shall include
partnerships and corporate and unincorporated entities.
13.10. These Terms set forth the entire understanding and agreement between Livingfacts and you
with respect to the subject matter hereof.